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UNIVERSITY  OF  CALIFORNIA 
AT  LOS  ANGELES 


GIFT   OF   CAPT.   AND    MRS. 
PAUL   MCBRIDE  PERIGORD 


C^-<7./  n 


r^/ 


AT 

LOS  ANGELEbs 

LIBRARY 


CASES  OF  CONSCIENCE 


B\>  tbc  Same  Hutbor: 

A  MANUAL  OF  MORAL  THEOLOGY.  For  English-speaking 
Countries.  With  Notes  in  the  Text  on  American 
Legislation  by  Rev.  Michael  Martin,  S.J,,  Professor  of 
Moral  Theology,  St.  Louis  University,  Complete  in 
two  large,  handsome  8vo  volumes,  each  volume  with 
full  Alphabetical  Index.     The  two  volumes.  .  net,  $5.50 

The  work  is  not  a  translation,  but  is  original  throughout.  The 
English  is  strong  and  fluent  and  idiomatic;  the  treatment  is  as  full 
as  need  be  in  a  text-book:  the  printing  and  editing  are  faultlessly 
done.  Consequently,  no  English-speaking  priest  can  wisely  neglect 
to  secure  this  book.  But  we  wish  that  the  work  may  attract  the 
attention  of  the  laity.  Any  Catholic,  or  non-Catholic,  who  cares 
to  be  well  informed  on  the  moral  law  of  God  and  of  the  Church,  will 
find  Father  Slater's  treatment  of  these  subjects  concise,  clear  cut, 
untechnical,  and  undoubtedly  interesting.  The  subjects  are  treated 
.  .  .  not  as  in  an  enlarged  catechism,  but  as  scientifically  and  as 
accurately  as  a  treatise  in  law  or  in  medicine,  and  yet  in  a  manner 
intelligible  to  the  man  of  ordinary  education.  Non-Catholics,  in 
whose  ears  "  The  Moral  Theology  of  Rome  "  is  a  bad  sound,  who 
have  known  only  the  attacks  of  the  Jansenists  and  the  misunder- 
standings of  modern  Protestant  controversialists,  ought,  in  fairness, 
to  read  this  volume,  after  paying  special  attention  to  the  author's 
preface,  which  explains  what  moral  theology  is,  and  what  it  is  not. — 
Catholic  World. 

A    SHORT    HISTORY    OF    MORAL    THEOLOGY. 

Cloth,  net,  $0  50 
The  distinguished  author  of  the  "  Manual  of  Moral  Theology  " 
has  broken  new  ground  in  writing  a  history  of  this  subject.  At  first 
sight,  as  he  says,  it  might  seem  that  no  history  is  possible  of  a  system 
of  doctrine  which  has  always  been  the  same.  Nevertheless  there  has 
been  a  progress  and  development  which  admits  of  historical  treat- 
ment.    This,  Father  Slater  has  successfully  accomplished. 


CASES  OF  CONSCIENCE  FOR 

ENGLISH  SPEAKING 

COUNTHIES 
SOLVED   BY 

REV.    T.    SLATER 


CHICAGO 

BENZIGER    , 
1912. 

144594 


CONTENTS 

DUTIES   OF   PARTICULAR   STATES 

Part  I 
DUTIES  OF  LAYMEN 

PAGE 

1. — A  Judge's  Duty 15 

2. — A  Solitary  Witness 18 

3.— A  Martvr  of  Science 21 


o 
m 


^ 


Part  II 
DUTIES  OF  CLERICS 


1. — Vocation  to  the  Priesthood 

2. — A  Doubtful  Vocation 

3. — Clerical  Celibacy 

4. — Clerical  Life    . 

5. — Public  Theatricals 

6. — Trading    . 

7. — Warlike  Missionaries 

8. — Duty  of  Residence 

9. — Different  Ideals  of  Parochial 
10. — A  NegUgent  Parish  Priest 
11. — A  Priest's  Proper  Bishop 


Woi 


23 
25 
27 
29 
32 
35 
37 
39 
43 
46 
49 


1\\UT  III 

DUTIES  OF  RELIGIOUS 

1. — A  Vocation  to  Religion         .... 
2. — Impediments  to  Entering  Religion 

3. — Obstacles  to  Vocation 

9 


53 
50 
58 


10 


COXTENTS 


4. — Religious  and  Seculars  . 

5.— The  Obligation  of  the  Rule  . 

6. — ^A  Rehgious  Legatee 

7. — ^Various  Questions  on  Poverty 

8. — A  Meddling  Lawyer 

9. — ^A  "Wide  Interpretation  of  the  Rule 
10.— The  Vow  of  Chastity     . 
1 1 . — Solemnity  of  Vows 


PAGE 

61 
64 
67 
69 
71 
74 
76 
79 


THE   SACRAMENTS 
THE  SACRAMENTS  IN  GENERAL 


1. — Reviviscence  of  the  Sacraments  . 
2. — The  Minister  of  the  Sacraments 
3.— A  Sheep  that  Strayed  into  the  Fold 
4. — The  Intention  to  Receive  Baptism 
5. — Simulation  of  the  Sacraments 


81 
83 
86 
89 
92 


BAPTISM 


1. — Baptism  at  Death 
2. — A  Young  Convert  . 
3. — Remembered  His  Own  Bapt 
4. — A  Too  Zealous  Pastor    . 
5. — A  Convert  from  Judaism 
6. — What  Baptism  Imphes 
7. — Parents'  Neglect     . 
8. — Non-Catholic  Sponsors 


CONFIRMATION 
Necessity  of  Confirmation    . 


THE  HOLY  EUCHARIST 


1 . — Adulterated  Matter 
2. — Fasting  Communion 
3.— The  Fast  Brokc^n    . 
4.— Doubtful  Dispositions   . 
5. — Was  Confession  ()l)ligatory? 
6. — Non-Fasting  Conununion 


95 
97 
100 
103 
105 
107 
109 
111 


113 


115 
117 
120 
122 
124 
126 


CONTENTS 


11 


7. — Intention  to  Consecrate 
8. — Doubtful  Consecration 
9. — Mass  for  a  Non-Catholic 
10. — Stipends  for  Mass  . 
11. — Funded  Masses 
12. — Trading  in  Masses 
13. — Mass  in  a  Private  Room 
14. — Masses  for  the  Dead 
15. — Altar  Furniture 


PAOE 

12S 
131 
133 
135 
138 
141 
144 
146 
149 


PENANCE 

1.— Doubtful  Matter    . 

2. — A  Convert's  Confession 

3. — An  Anxious  Penitent 

4.— No  Sorrow  for  What  She  Has  Done 

5. — Was  He  Prepared? 

6. — Probable  Opinions  in  Penance 

7. — Confessions  on  Board  Ship   . 

8. — A  Privilege  of  Regulars 

9. — A  Regular's  Approbation 
10. — Confessor  of  Nuns 
11. — Full  and  Specific  Confession 
12. — Absolution  of  the  Dj'ing 
13.— A  Pair  of  Penitents 
14. — Absolution  b.v  Telephone 
15. — An  Unfortunate  Mother 
16. — Doubtful  Jurisdiction 
17. — A  Lie  in  Confession 
18.— A  Dying  Nun 
19. — A  Bishop's  Reserved  Case    . 
20. — De  Absolutione  Coniplicis    . 
21. — Ficta  Absolutio  Comphcis    . 
22. — Distinctio  Inanis    . 
23. — Error  non  dat  Jurisdictionem 
24.— Asking  the  Name  of  an  Accompl 
25.— A  Recidivist    .        .        .        • 
26. — A  London  Actress  . 
27. — A  Loose  Principle  . 
28.— Requisite  Knowledge  in  the  Confessor 
29.— The  Seal  not  Broken      .... 


151 

154 

157 

159 

162 

164 

167 

169 

171 

174 

177 

179 

181 

183 

186 

189 

191 

193 

195 

198 

200 

203 

206 

208 

211 

213 

216 

219 


12  CONTENTS 

PAGE 

30. — Confession  with  Unexpected  Results         ....  224 
31.— Unlawful  Use  of  Confessional  Matter        .               .       .226 

32.— A  Useless  Device 228 

ORDERS 

1. — Anglican  Ordinations 231 

2.— A  Priest's  Support 234 

EXTREME  UNCTION 

1. — Repetition  of  Extreme  Unction 237 

2. — Short  Form  for  Extreme  Unction 240 

MATRIMONY 

1.— Informal  Betrothal 243 

2. — An  Action  for  Breach  of  Promise 246 

3. — A  Promise  Confirmed  by  Oath            248 

4.— Debts  of  Betrothed 250 

5. — Maternity  Impossible 253 

6. — Parents  Against  Marriage 256 

7.— Banns 259 

8. — An  Unhappy  Marriage 262 

9.— A  Drunken  Husband 265 

10. — A  Lawyer  and  a  Divorce  Case 267 

1 1 . — Dispensation  from  Banns 270 

12. — Previous  Marriage 272 

13. — A  Too  Accommodating  Priest 276 

14. — Doubtful  Baptism  and  Marriage 279 

15.— Affinity 282 

16. — Consanguinity 285 

17.— Sacred  Orders 287 

18.— Fear 289 

19.— Crime 292 

20.— Was  She  Free  to  Marry? 294 

21. — Multiple  Impediments 296 

22.— A  Treacherous  Friend 299 

23. — A  Governess's  Marriage 301 

24. — Marriage  Before  the  Registrar 303 

25.— A  Notable  Case 306 

26. — General  Leave  of  Parish  Priest 309 


CONTENTS 


13 


27. — Requisites  for  Marriage 

28. — Subjects  of  the  Law  of  Claiulestinity 

29.— The  Month's  Stay  of  Ne  temere  . 

30.— Mixed  Marriage 

31. — Impediment  Dispensed 

32. — A  Comphcated  Case      .... 

33. — Married  a  \\ido\v  with  Three  Children 

34. — Wliich  Bishop  Has  Jurisdiction? 

35. — Revahdation  of  Marriage 

36. — Cohaljitation  of  Married  People 

37.— A  Troubled  Wife 

38. — A  Husband  in  Difficulties 

39. — Unwilling  to  Return  to  Her  Husband 


CENSURES 


1. — A  Mistake  in  the  Man 

2. — Parocliial  Rights 

3.— A  Fallen  Priest 

4. — Countenancing  a  Duel 

5. — A  Masonic  Ball 

6. — A  Special  Interdict 

7.— Is  He  To  Be  Avoided? 


312 
315 
317 
319 
322 
325 
328 
331 
333 
336 
339 
342 
344 


347 
349 
352 
354 
357 
360 
362 


IRREGULARITY 
A  Priest  Practising  Medicine  and  Surgery        .       .       .     365 

ECCLESIASTICAL  BURIAL 
Mixed  Cemeteries 367 

INDULGENCES 

1.— The  Apostolic  Blessing 371 

2.  —The  Jubilee 373 


DUTIES  OF  PARTICULAR  STATES 

Part  I 

Duties  of  Laymen 

A  JUDGE'S  DUTY 

TiTius  bonus  Catholicus  reccnter  mortuus  in  testamento 
centum  libras  ad  Missas  celebrandas  pro  anima  sua  expen- 
dendas  reliquerat,  quod  Icgatum  Caius  executor  juxta 
voluntatem  defuncti  solvere  intendebat.  Obstabat  tamen 
Julius  Catholicus  et  legatarius  residuorum  bonorum 
Titii,  qui  causam  Marco  judici  etiam  Catholico  deferebat. 
Marcus  vero  juxta  leges  Anglicas  legatum  centum  librarum 
irritum  utpote  usibus  superstitiosis  assignatum  declaravit, 
unde  tota  summa  residuo  Julii  accrevit.  Philippus  tan- 
dem sacerdos  cui  incumbebat  cm"a  spirituals  omnium  de 
quibus  mentio  est  facta  rogat  de  eorum  obligationibus 
transgressis  vel  adhuc  forte  implendis.      Unde  qua?ritur: 

L  Quid  sit  testamentum  ad  pias  causas,  et  quid  requi- 
ratur  ad  ejus  validitatem? 

2.  Num  judex  Catholicus  forre  sententiani  jxxssit  juxta 
leges  patriic  injustas? 

3.  Quid  ad  casum? 

SOLI'TIOX 

1.  What  is  a  will  in  favor  of  {)i()us  causes  and  wiiat  is 
required  for  its  validity? 

15 


16  CASES  OF  CONSCIENCE 

Pious  causes,  or  objects,  are  such  as  belong  to  the  service 
of  God  and  rehgion.  Ahns  left  for  the  support  of  religion 
or  for  charitable  purposes,  if  the  main  object  was  the 
honor  of  God,  are  considered  as  left  for  pious  causes. 
Such  pious  causes  are  subject  to  the  legislation  of  the 
Chiu'ch,  which  lays  down  that  no  special  formalities  are 
required  for  the  validity  of  wills  and  legacies  to  pious 
objects;  all  that  is  requisite  is  that  there  should  be  moral 
certainty  resting  on  the  evidence  of  two  or  more  witnesses 
about  the  intention  of  the  testator. i 

2.  May  a  Catholic  judge  give  sentence  according  to  an 
unjust  law? 

If  the  law  commands  what  is  contrary  to  the  law  of 
God,  no  Catholic  judge  may  pass  sentence  according  to 
it.  If  the  unjust  law  only  affects  the  liberty  of  the  sub- 
ject or  property  rights,  many  theologians  hold  that  a 
Catholic  judge,  like  any  other,  may  pass  sentence  accord- 
ing to  such  a  law.  His  refusal  to  do  so  would  not  ordinarily 
benefit  the  accused,  and  the  only  effect  would  be  to  compel 
the  judge  to  resign  his  office,  and  make  it  impossible  for 
Catholics  to  hold  such  offices.  Hence  the  accused  may 
reasonably  be  presumed  to  submit  to  the  action  of  the 
judge  as  long  as  the  unjust  law  remains  in  force. 2 

3.  The  case.  The  legacy  was  void  according  to  English. 
law.  Julius,  however,  was  not  justified  in  invoking  the 
law  to  get  the  legacy  declared  void.  He  is  a  Catholic 
and  is  bound  by  the  law  of  the  Church,  and  for  him, 
subjectively  as  well  as  objectively,  the  legacy  is  valid. 
Mark  could  not  help  doing  as  he  did  and  so  he  may  be 
excused.     Philip,    the    parish    priest,    should    admonish 

1  Ballerini-Palmieri,  Opus  Morale,  tract,  viii,  pt.  iii,  c.  iii,  n.  703. 
^  Manual  of  Moral  Theology,  vol.  i,  p.  587. 


A  JUDGE'S  DUTY  17 

Julius,  if  the  admonition  will  do  any  good,  and  toll  him 
that  he  is  bound  in  conscience  to  pay  over  the  £100  for 
Masses  to  be  said  for  the  s(ki1  of  the  testator  according  to 
the  testator's  intention.  It  is  a  case  where  he  can  not 
have  the  benefit  of  the  law.i 

^  Manual  of  Moral  Theology,  vol.  i,  p.  506. 


A   SOLITARY   WITNESS 

Lucia  ancilla  CaiiD  banc  sciebat  adulteriiun  com- 
misisse.  Quum  vero  in  diem  futiu'uin  citaretur  ad  tes- 
timonium dandum  de  adiilterio  commisso  in  causa  divortii 
contra  Caiam  a  marito  intentata  dubitabat  utrum  crimen 
dominse  revelare  posset  ac  deberet,  quum  ipsa  sola  prseter 
ipsas  partes  illud  sciret.  Hinc  confessarium  adiit  qui 
quatenus  ex  lege  divina,  civili,  et  ecclesiastica,  duo  testes 
requirantur  ad  crimen  probandum,  et  unicus  testis  a 
judice  non  legitime  de  crimine  quod  ipse  solus  cognoscat 
interrogetur,  respondit  Luciam  non  debere  crimen  man- 
ifestare.  Quod  quum  Titius  alius  sacerdos  audiret,  con- 
fessarium contra  justitiam  peccasse  judicabat,  quum  mari- 
tum  a  bono,  nempe  divortio,  ad  quod  jus  haberet  responso 
suo  impediisset.     Unde  quseritur: 

1.  Qusenam  sint  testium  obligationes,  et  unde  oriantur? 

2.  Quatenus  differant  prsescripta  juris  ecclesiastici  et 
juris  Anglici  de  numero  testium  ad  crimen  probandum 
requisito,  et  num  lex  Anglica  sit  justa? 

3.  Quid  ad  casum? 

Solution 

1.  WTiat  are  the  duties  of  witnesses,  and  whence  do  they 
arise? 

The  question  concerns  witnesses  in  Courts  of  Justice, 
and  in  general  any  one  may  be  under  an  obligation  to  give 

18 


A  SOLirARY  WITNESS  19 

evidence  about  what  he  knows  when  this  is  necessary  to 
prevent  great  harm  to  others  or  to  the  State.  One  who 
is  summoned  by  lawful  authority  is  also  bound  to  give 
evidence  by  the  obedience  which  he  owes  to  that  authority. 
As  he  has  sworn  to  tell  the  truth,  he  will  be  bound  also 
by  his  oath  to  tell  the  truth  in  answer  to  the  questions 
tliat  are  })ut  to  him  lawfully.^ 

2.  How  does  P]nglish  law  tliffer  from  canon  law  con- 
cerning the  number  of  witnesses  necessary  to  prove  a 
crime,  and  is  English  law  on  the  point  just? 

In  canon  law,  as  in  the  Mosaic  and  Roman  law,  two 
witnesses  were  necessary  and  sufficient  to  |)rovc  a  crime. 
Except  in  the  case  of  treason  and  one  or  two  other  crimes, 
one  witness  is  held  sufficient  to  prove  a  fact  in  Enghsh 
and  many  modern  systems  of  law.  This  provision  of 
modern  law  can  not  be  called  unjust,  for  practically  always 
the  evidence  of  the  one  witness  is  corroborated  by  other 
circumstantial  evidence  of  the  crime. 2 

3.  The  case.  If  the  trial  were  about  to  take  place  in 
an  ecclesiastical  Court,  in  which  Caia's  husband  wished  to 
obtain  a  divorce  a  toro  et  mensa,  Lucy  would  not  be  bound 
to  tell  what  she  knows,  unless  there  were  already  semi- 
plena  probatio  of  Caia's  guilt.  To  avoid  needless  complica- 
tions in  the  case  we  will  waive  the  question  about  the 
State's  competence  in  mamage  cases.  In  England  it  is  at 
least  competent  in  cases  of  judicial  separation.  If.  then, 
Lucy  were  summonetl  in  such  a  case  she  would  practically 
be  bound  to  tell  what  she  knows.  Nor  is  this  substantially 
at  variance  with  the  provisions  of  canon  law,  for  ordinarily 
when  a  witness  is  summoned,  there  is  semiplena  probatio, 

1  Manual  of  Moral  Theology,  vol.  i,  p.  594. 

'  Stephen's  Commentaries,  vol.  iv,  p.  357;  G^nicot,  vol.  ii,  n.  17. 


20  CASES  OF  CONSCIENCE 

or  infamy,  or  evident  signs  of  guilt,  and  in  those  circum- 
stances a  single  witness  was  obliged  to  give  evidence 
even  according  to  canon  law.  From  what  has  been 
said  it  will  be  clear  how  far  the  confessors  were  right 
or  wrong. 


A   MARTYR   OF  SCIENCE 

Caius  medicus  ut  experiretur  utrum  febris,  viilgo  dicta 
malaria,  revera  morsibus  miiscse  cujusdam,  vulgo  mos- 
quito, causetur,  habitabat  per  sestatem  in  loco  maxime 
pestifero  prope  Ostia  Tiberina  cum  omnibus  cautelis 
necessariis  acl  morsus  dictae  muscae  evitandos,  de  aliis 
contagionis  causis  nil  sollicitus.  Postea  ut  experimenta 
complerentur,  in  Anglia  ubi  malaria  est  fere  extincta, 
morsibus  muscarum  in  Italia  contagione  infectarum  se 
exposuit,  morbumque  contraxit,  gaudens  tamen  de  causa 
febris  detecta,  de  bono  hominibus  inde  acquisito,  necnon 
de  gloria  sibi  procurata.  Titius  tamen  Catholicus  (|uum 
hiec  omnia  in  ephemcridibus  legisset  confessarium 
rogabat  utrum  licite  fuissent  facta.     Unde  quaeritur: 

1.  Qualis  adsit  obligatio  vitam  sanitatenKiue  propriam 
conservandi  ? 

2.  Qusenam  sint  obligationes  speciales  medicorum? 

3.  Quid  ad  casum? 

Solution 

1.  What  sort  of  an  obligation  is  there  to  preserve  one's 
hfe  and  health? 

There  is  a  grave  obligation  of  using  ordinary  means  to 
preserve  life  and  health  and  of  not  exposing  either  to 
serious    and    proximate    risk    without    sufficient    reason. 

21 


22  CASES  OF  CONSCIENCE 

This  obligation  is  derived  from  tlie  Fifth  Commandment, 
which  forbids  kilhng  in  so  far  as  it  is  a  negative  precept, 
and  prescribes  ordinary  care  of  hfe  and  heaUh  in  so  far 
as  it  is  positive. 

2.  AMiat  are  the  ethical  obligations  of  doctors? 
Doctors,    like    other    professional    men,    should    have 

the  knowledge  requisite  for  the  practice  of  their  profession, 
and  they  should  use  at  least  ordinary  care  and  diligence 
in  that  practice.  They  should  use  the  safer  remedies, 
and  they  are  not  allowed  to  make  experiments  on  living 
human  subjects  \vith  danger  to  life  or  health. ^  In  desperate 
cases  they  may  use  remedies  that  are  only  probable  if 
no  l)etter  can  be  had. 

3.  The  case.  If  Caius  was  practically  certain  that  the 
bite  of  mosquitoes  is  the  cause  of  malaria,  he  did  not 
commit  sin  by  living  during  the  summer  in  the  pestilential 
neighborhood  of  Ostia.  He  was  convinced  that  he  thereby 
exposed  himself  to  no  special  risk.  In  allowing  himself 
to  be  bitten  in  England  by  plague  infected  insects  he 
voluntarily  exposed  himself  to  the  morally  certain  risk 
of  contracting  the  disease.  The  reasons  given  for  thus 
acting  are  not  sufficient  to  justify  him  in  exposing  himself 
to  the  certain  risk  of  serious  disease.  Evil  must  not  be 
done  that  good  may  come.  We  may  not  kill  one  man 
to  save  others.  However,  as  malaria  is  not  a  very  serious 
disease  when  the  proper  remedies  are  applied  in  time, 
Caius  may  be  excused  from  grave  sin,  and  perhaps  even 
from  venial  under  the  circumstances.  There  is  no  harm  in 
exposing  ourselves  to  the  danger  of  illness  for  good  reasons. 

1  Manual  of  Moral  Theology,  vol.  i,  p.  596  f. 


Paiit  II 
Duties  of  Clerics 

VOCATION   TO    THE  PRIESTHOOD 

TiTius  saccrdos  religiosus  cxcrcitia  si)iritualia  juvonibu.^ 
sacris  ordinibus  initiaiidis  tradobat.  Venit  ad  eum  Caius 
iinus  ex  eisdcm  optimac  dispositioiiis  ac  indolis  ((ui 
dicebat  sc  velle  intentioni  sacerdotii  suscipiendi  rciumciarc 
CO  quod  noil  sit  cert  us  se  esse  a  Deo  vocatum.  Sibi 
applicat  verba  S.  Alphonsi  (vi,  802):  "  Illi  igitur  qui 
non  vocati  a  Deo  in  sacra  ministeria  se  intrudunt,  ipsi 
sunt  (le  ([uilnis  per  Jeromiam  inquit:  Non  miltebam 
prophetas  ct  ipsi  currehant.  Quo  quideni  hominum  genere 
ut  ait  Catechismus  nihil  infelicius  ac  miserius,  nihil  Eccle- 
siae  calamitosius  esse  potest."  Titius  vero  vellet  scire 
quomodo  sit  Caius  tractandus.     Undo  (juaeritur: 

1.  Quid  sit  vocatio  divina  ad  certum  vitae  statum? 

2.  Quomodo  dignosci  possit  vocatio  divina  ad  sacer- 
dotium? 

3.  Quid  ad  casum? 

Solution 

1.  What  is  a  divine  vocation  to  a  certain  state  of  life? 

A  divine  vocation  may  be  defined  as  a  purpose  of  Divine 

Providence  choosing  a  person  for  a  special  state  of  life 

and  giving  him  the  helps  that  are  required  for  it.     Such 

a  vocation  is  manifested  in  him  who  is  called  by  an  internal 

23 


24  CASES  OF  CONSCIENCE 

and  external  fitness  for  the  state,  and  by  special  lights 
of  the  understanding  and  motions  of  the  will  by  wliich  he 
is  conscious  that  he  could  serve  God  and  save  his  soul 
in  that  state. 

2.  How  may  a  divine  vocation  to  the  priesthood  be 
known? 

A  divine  vocation  to  the  ju-iesthood  may  be  known 
by  the  signs  which  have  just  been  mentioned.  If  the 
person  in  cjuestion  be  fit  to  exercise  the  duties  of  the  priest- 
hood, if  he  hold  out  hopes  that  he  will  do  so  with  the  help 
of  God,  if  he  wishes  to  receive  the  priesthood  so  as  to  be 
able  the  better  to  serve  God,  help  his  fellow  men,  and  save 
his  soul,  he  shows  the  ordinary  signs  of  a  vocation  from 
God. 

3.  The  case.  Titius  should  put  a  few  questions  to 
Caius  with  a  view  to  finding  out  whether  he  is  fit  for  the 
priesthood  and  whether  there  is  a  prospect  of  his  being 
able  to  fulfil  its  duties  properly.  As  he  is  a  youth  of 
excellent  disposition  and  character  and  therefore  fit  for 
the  priesthood,  it  will  be  well  to  ask  him  why  up  to  the 
present  he  fostered  the  intention  of  becoming  a  priest. 
In  all  probaVjility  the  answer  will  be  satisfactory  and  will 
show  that  his  intention  was  supernatural,  resting  on  faith, 
on  the  desire  to  please  God  and  save  his  soul.  In  that  case 
he  should  be  encouraged  to  persevere;  he  should  be  told 
to  put  his  trust  in  God,  who  will  never  forsake  those  who 
trust  in  Him;  he  should  be  told  that  the  words  of  St. 
Alphonsus  are  not  meant  for  him,  but  for  such  as  are 
unfit  for  the  priesthood  and  who  do  not  intend  to  fulfil 
its  duties,  but  who  intrude  themselves  into  the  clerical 
state  for  worldly  motives. 


A   DOUBTFUL  VOCATION 

Ad  Caium  sacerclotcni  ([ui  cxcrcitia  spirituulia  clericis 
quil)ustlam  ordiiiantlis  tradebat  accessit  Julius  subdiaconatu 
mox  iiiitiandus  filius  cujusdam  ii(i1)ilis  iiatu  luiiiinius. 
Gravibus '  verbis  oiiera  saccrdotii  Caius  descripserat  uiide 
aiixietatcs  ot  dubia  in  animo  Julii  excitaverat.  Nun- 
quam  oiiini  scrio  d(^  istis  oneribus  cogitavcrat  Julius, 
somper  ab  infautia  IVrc  audicrut  a  jjarciitibus  ot  al)  EpisoojM) 
quodam  familia'  aniieissinio  se  servitio  Ecclesia?,  ([ux 
talibus  ad  pra^laturas  ooclosiasticas  gcrendas  iiidiget, 
vacare  debere,  quo  fine  ductus  studia  in  collegio  foccrat, 
et  potius  ut  expcctationi  parentum  ct  amicorum  rpsj)on- 
deret  quani  ut  propria'  inclinationi  indulgeret  clericus 
erat  factus.  Intendit  officia  status  qua;cumque  sint  cum 
auxilio  Doi  fidelitor  im))l('ro,  sporat  se  posse  oncra  por- 
tare,  et  coterociuin  bonis  morilnis  est  imbutus.  Quae 
quum  Caius  audisset  de  vocatione  Julii  (lul)itare  incoepit, 
et  utrum  non  deberet  Juliuni  consulerc  ut  ad  parcntes 
et  seculum  rediret.     Undo  (luteritur: 

1.  Quid  sit  vocatio  divina  ad  sacordotium? 

2.  (^ua^nam  sit  obligatio  divinam  vocationem  socjuondi? 

3.  Num  et  quatonus  poccot  (|ui  iiou  vocatus  sacordos  fiat? 

4.  Quid  ad  casuin? 

SoLlTlOX 

1.  This  question  is  answered  above,  ]).  23. 

2.  ^Yhat  obligation  is  there  to  follow  a  divine  vocation? 

25 


26  CASES  OF  CONSCIEXCE 

A  vocation  to  the  priesthood  is  a  great  favor  bestowed 
by  God  and  it  should  be  thankfully  received.  It  is  not 
commonly  imposed  by  God  as  a  precept,  and  so  there 
would  not  be  sin  in  neglecting  to  follow  it  except  in  cases 
where  by  so  doing  he  who  is  called  knowingly  exposes  his 
salvation  to  danger. 

3.  Is  sin  committed  and  how  by  becoming  a  priest 
without  a  vocation? 

One  who  is  unfit  for  the  priesthood  or  who  does  not 
intend  to  live  up  to  its  obligations  and  yet  becomes  a 
priest  sins  grievously.  One  who  is  not  unfit  and  who 
intends  to  live  up  to  his  obligations,  but  who  becomes  a 
priest  from  natural  motives  without  a  chvine  vocation,  acts 
rashly,  but  in  the  judgment  of  many  theologians  he  does 
not  sin  grievously.  The  reason  is  because  such  a  one  violates 
no  grave  precept,  nor  does  he  expose  himself  to  serious 
danger  of  losing  his  soul  or  doing  serious  harm  to  others.' 

4.  The  case.  Julius  is  not  unfit  for  the  priesthood, 
though  the  motives  which  have  led  him  so  far  are  natural 
rather  than  supernatural.  Caius  would  do  well  to  tell 
him  to  take  the  opportunity  of  the  retreat  to  think  seriously 
over  his  position.  He  might  teach  him  how  to  make  his 
election  of  a  state  of  life  on  supernatural  principles.  Let 
him  think  therefore  on  the  duties  and  helps  of  the  priest- 
hood, and  of  its  dangers  as  well,  and  then  if  in  the  presence 
of  God  he  thinks  that  he  can  serve  God  and  the  Church 
and  save  his  soul  as  a  priest,  and  if  he  can  purpose  to  do 
this,  let  him  be  ordained.  If  any  doubt  remains  he  should 
defer  ordination  for  a  time  until  his  course  is  clear.  But 
if  lie  can  not  look  at  things  from  this  supernatural  point 
of  view  he  had  better  return  to  his  family. 

'  Balleririi-Palmicri,  0{)us  Morale,  tract,  ix,  c.  ii,  n.  6. 


CLERICAL   CELIBACY 

TiTius  iiiiiiistor  Aiii;ii(';iiius  u(  dc  validitate  ordinationis 
esset  seciuTis,  ab  cpiscopo  fiuodam  scliismatico  erat  ordi- 
natus  ac  postea  uxorcni  diixit.  Post  aliquot  annos  ad 
fidcm  Catholicam  coiiversus  nunc  inquirit  num  et  sub 
quibus  conditioiiibus  sacro  niinisterio  fungi  possit,  vel 
etiam  juribus  maritalibus  uti;  dc  validitate  vcro  sacer- 
dotii  suscepti  ambigi  ncquit.    Unde  quaeritur: 

1.  Ad  quid  clcrici  in  sacris  lege  coelibatus  teneantui'? 

2.  Num  et  sub  quibus  conditionibus  uxorato  ordines 
sacros  suscipere  liccat? 

3.  Num  turpes  cogitationes  essent  sacrilegse  in  sacerdote 
qui  legis  cri^libatus  ignarus  esset  ordinatus? 

4.  Quid  ad  casum? 

Solution 

L  To  what  are  clerics  in  sacred  Orders  bound  by  the 
law  of  celibacy? 

They  are  bound  to  observe  perfect  chastity,  in  thought 
and  deed,  and  they  are  in('a]):ibl('  of  contracting  a  valid 
marriage.^ 

2.  Is  a  married  man  allowed  to  receive  sacred  Orders 
and  on  what  conditions? 

A  man  who  was  mari-ied  l)ut  whoso  wife  is  dead  or  law- 
fully divorced,  when  this  is  possible,  may  receive  sacred 
1  Manual  of  Moral  Theologj',  vol.  i,  p.  601. 


28  CASES  OF  CONSCIENCE 

Orders.  One  whose  wife  is  still  living  and  not  lawfully 
divorced  may  not  be  ordained  without  the  free  and  express 
consent  of  his  wife,  wiio,  if  she  consents,  must  herself 
take  a  vow  of  chastity.' 

3.  Would  bad  thoughts  be  sacrilegious  in  a  priest  who 
had  been  ordained  in  ignorance  of  the  law  of  celibacy? 

Such  a  one  would  not  be  bound  by  vow  to  observe 
chastity,  for  a  vow  can  not  be  taken  by  one  wiio  is  ignorant 
of  it.  He  w^ould,  however,  be  bound  to  observe  chastity 
by  ecclesiastical  law.  But  probably  law  does  not  touch 
merely  internal  acts,  and  so  although  bad  thoughts  would 
be  sins  against  the  Ninth  Commandment,  probably  they 
would  not  have  the  additional  malice  of  sacrilege,  as 
bad  thoughts  of  priests  ordained  under  normal  conditions 
certainly  have. 

4.  The  case.  Titius,  an  Anglican  minister,  to  make 
sure  of  his  ordination,  got  ordained  by  a  schismatic  bishop 
and  afterw^ards  married.  It  is  supposed  in  the  case  that 
tliis  ordination  is  certainly  valid.  As  sacred  Order  is  a 
diriment  impediment  of  marriage,^  it  follows  that  the 
minister  w^as  not  married  validly.  As  he  is  not  married 
he  has  no  marital  rights,  and  he  must  separate  from  liis 
reputed  wife.  The  greatest  consideration  should  be 
shown  to  the  lady  which  is  possible  under  the  circumstances. 
Titius  was  ordained  by  a  schismatic,  and  he  thus  incurred 
irregularity,  wiiich  prohibits  him  from  exercising  his 
orders.  He  should  submit  his  case  to  the  bishop,  who 
after  inquiring  into  all  the  circumstances  of  the  case>  and 
if  necessary  consulting  the  Holy  See,  will  settle  what  is 
best  for  all  concerned. 

1  Manual  of  Moral  Theology,  vol.  i,  p.  602. 

-  Cf.  Ballerini-Palmieri,  Opus  Morale,  vol.  vi,  n.  114.3  nota. 


CLERICAL    LIFE 

Caius  sacerdos  Anglicus  liluk)  patrimonii  ordinatus 
milluin  odicium  in  dioecesi  gerit.  Hinc  liber  majorem 
amii  pai-tem  extra  Angliam  itinerando  transigere  solet. 
Barbam  non  radit  ncc  tonsuram  gerit,  et  sine  scrupulo 
extra  Angliam  in  publicis  theatris  scenicis  spectaculis 
adest  quum  incola)  putent  eum  esse  ministrum  Anglicanimi. 
Rationem  agendi  facile  defendit  quum  juxta  canonistas 
lege  ecclesiastica  tantum  sanciatur  ut  "  Clericus  neque 
comam  neque  barbam  nutriat,  scilicet,  immoderata  cul- 
tura  coma;  quae  morem  lascivum  et  fajmineum  redoleat 
ipsi  interdicatur."  ^  Et  quamvis  spectaculis  publicis  inter- 
esse  ipsi  etiam  interdicatui-,  intelliguntur  spectacula  ob- 
sc(rna  et  turpia.^  Quae  tamen  audita  Titius  neo-sacerdos 
conciliare  baud  valet  cum  doctrina  quam  in  seminario 
audiebat.     Unde  quseritur: 

1.  Quid  praescribant  leges  scriptse  ecclesiasticse  circa  ea 
quae  in  casu  occurrant? 

2.  Num  consuetude  semper  easdem  leges  eodem  sensu 
explicuerit? 

3.  Quid  ad  casum? 

Solution 
1.  What  does   the   written  ecclesiastical  law   prescribe 
concerning  the  matters  touched  on  in  llio  case? 

1  Santi,  Prcelect.  Jur.  Can.  iii,  1,  n.  3(1.  "  Ibid.,  n.  41. 

21) 


oO  CA3ES  OF  CONSCIENCE 

By  the  written  common  law  clerics  are  forbidden  to 
cultivate  the  beard  with  special  care,  after  the  manner  of 
dandies,  as  Santi  explains  in  the  passage  quoted.  But 
provincial  law  and  custom  approved  by  authority  in 
England  goes  further  and  prohibits  the  wearing  of  hair 
on  the  cheeks  or  on  the  chin  (iv  Westmon.,  d.  xi,  n.  13). 
The  common  law  prescribes  the  clerical  tonsure,  but  in 
this  matter  custom  in  England  is  contrary  to  the  law, 
and  ecclesiastical  authority  does  not  intervene. 

With  regard  to  theaters  the  law  in  England  is  severe; 
it  prohibits  "  ecclesiastics  who  have  received  sacred 
Orders  from  being  present  at  stage  representations  in 
public  theaters  or  in  places  temporarily  made  use  of  as 
public  theaters,  under  the  penalty  to  transgressors  of 
suspension  to  be  incurred  ipso  facto,  such  as  has  hitherto 
been  the  rule  in  all  parts  of  England  with  reservation  to 
the  respective  Ordinaries."^  More  or  less  similar  prohibi- 
tions exist  in  most  provinces.  The  old  written  law  was  as 
stated  by  Santi.- 

2.  Has  custom  always  interpreted  these  laws  in  the 
same  way? 

No;  as  is  clear  from  what  has  just  been  said,  both  the 
law  on  these  matters  and  its  interpretation  have  varied 
considerably  in  dilTerent  ages  and  countries.  There  is 
not  uniformity  with  regard  to  them  even  now,  so  that  the 
provincial  or  synodal  decrees  have  mainly  to  be  consulted 
and  followc^d  by  the  conscientious  cleric. 

3.  The  case.  Although  Caius  had  been  ordained  on 
his  patrimony  he  was  not  at  liberty  to  wander  about  as 
he  chose.     He  had  been  ordained  for  the  service  of  the 

>  Manual  of  Moral  Theology,  vol.  i,  p.  614. 

-  Cf.  Ben.  xiv,  De  Synodo  Dioecesana,  xi,  c.  x,  n.  11. 


CLERIC  A  I.  LlFl'J  31 

diocese  to  which  he  belongs,  and  the  bisho])  should  see 
that  he  lias  suitable  eniploN'nient  as  long  as  he  ean  work. 
He  did  wrong  in  growing  his  beard,  though  custom  excuses 
him  with  regard  to  the  tonsure.  In  going  witliout  scruple 
to  plays  in  public  theaters  when  out  of  England  he  also 
did  wrong,  for  now  the  common  law  of  the  Church,  intro- 
duced by  universal  provincial  law,  forbids  clerics  to  go 
to  j)ul)lic  theaters.  Out  of  England,  however,  he  would 
not  incur  the  suspension  inflicted  l)y  English  Provincial 
law,  nor,  inasmuch  as  he  is  a  pcreyrinus,  would  he  incur 
any  penalty  which  tlie  law  of  the  place  inflicts  for  such  an 
offence.  He  might,  however,  b(>  jjunished  by  tlie  bishop 
of  the  place  wIktc  he  transgressed  the  law,  inasmuch  as 
it  is  a  mere  aj^plication  of  tlie  prohibition  of  the  common 
law  by  which  clerics  are  forbidden  to  do  what  is  not  becom- 
ing in  them.i 

'G^nicot,  Casus  Conscient.,  vol.  i,  p.  20;  Analecta  Ecclesiastica, 
1910,  p.  174. 


PUBLIC  THEATRICALS 

Caius  sacerdos  missionarius  in  Anglia  ut  expensas 
missionis  solveret  quibusdam  juvcnibus  utriusque  sexus 
persuasit  ut  operam  celebrem  circa  Nativitatem  Domini 
in  aula  municipali  (Town  Hall)  repraBsentarent.  Quum 
j)()I)ulus  turn  orthodoxus  turn  heterodoxus  magno  numero 
aulani  frequentarent,  et  magnam  simimam  pecuniae 
conferrent,  altero  die  reprsesentationis  ut  gratum  animum 
turn  actoribus  turn  populo  significaret,  ipse  Caius  cum 
Patricio  amico  sacerdote  ex  Hibernia  operse  assistebat. 
Quod  tamen  quum  Episcopus  legis  ecclesiasticse  sedulus 
defensor  audiret,  theologum  quemdam  rogavit  nonne 
uterque  in  suspensionem  iv  Cone.  Westmon.  d.  xi,  n.  9 
latam  incurrisset.     Unde  quaeritur: 

1.  Detur  interpretatio  doctrinalis  legis  de  qua  in  casu. 

2.  Num  peregrini  legibus  loci  teneantur? 

3.  Quid  ad  casum? 

Solution 

1.  Give  a  doctrinal  interpretation  of  the  law  in  question. 

The  wording  of  the  law  is  as  follows:  "  Prohibemus 
districte  nc  ecclesiastici  sacris  ordinibus  initiati  scenicis 
spectaculis  in  publicis  theatris  vel  in  locis  theatri  publici 
Usui  ad  tempus  inservientibus,  intersint,  imponentes 
transgressoribus  poenam  suspensionis  ipso  facto  incurren- 

32 


PUBLIC  THEATRICALS  33 

dam  hactcnus  ul)i(iu('  in  Aiijjjlia  vi<^('iitem  cum  rc.MTva- 
tione  rcspcc'tivo  Ordinaiio."  Hence  all  ecclesiastics  in 
sacred  Ordei"s  are  strictly  forbidden  to  he  picsent  at  scenic 
representations  (stage  plays?)  either  in  puljlic  thcatci-s  or  in 
places  which  are  used  for  the  time  being  as  public  theatei-s, 
and  the  penalty  of  suspension  is  ipso  facto  incurred  by  those 
who  violate  this  })recept,  and  their  absolution  is  reserved 
to  their  respective  Ordinary.  Private  theatricals  in  a 
place  not  open  to  the  i)ublic  do  not  come  under  the  law. 
If  the  public  arc  admitted  with  or  without  payment  and  a 
stage  play  is  exhibited,  the  place  is  being  used  as  a  theater 
and  pci-sons  in  sacred  Orders  must  not  be  present.  Plays 
given  by  school  children  are  excepted  l^y  custom,  even  if 
they  be  given  in  a  public  hall  or  theater. 

2.  Ai'e  peregrini  bound  by  local  laws? 

Probably  peregrini  are  not  bound  by  the  special  laws 
which  are  in  force  in  tlie  place  where  they  are  staying  for 
the  time.^ 

3.  The  case.  As  far  as  I  am  aware  there  is  no  author- 
itative definition  of  what  is  meant  V)y  a  scenicum  speda- 
culum.  Still  there  can  be  no  reasonable  doubt  that  an 
opera  is  comprised  in  the  term.  An  opera  is  a  scenic 
representation  or  stage  play,  which  is  perhaps  as  near  an 
English  equivalent  of  scenicum  spectaculum  as  can  l^e 
got.  The  opera  was  acted  by  youths  of  ])oth  sexes  in 
the  Town  Hall,  and  the  public  flocked  to  hear  it.  It/ 
therefore,  came  under  the  prohibition,  and  Caius  violated 
the  law  in  being  present.  The  law  is  mentioned  in  all  the 
faculties  grantcnl  to  priests  in  tliis  country,  and  so  we  must 
presume  that  Caius  knew  that  he  was  violating  it.  Caius, 
therefore,  was  suspended  and  must  not  exercise  the  duties 

'  Manual  of  Moral  Theology,  vol.  i,  p.  94. 


34  CASES  OF  CONSCIENCE 

of  a  priest  until  he  has  been  absolved  by  his  bishop,  or 
by  some  one  who  has  special  faculties  for  the  case  from  the 
bishop.  Patrick  is  a  stranger,  and  does  not  incur  sus- 
pension, but  he  does  wrong  in  being  present  at  the  opera 
and  renders  himself  lial)lo  to  punishment  at  the  hands  of 
the  bishop. 


TRADING 

Caius  procurator  ciijusclain  Ordinis  rcligiosi  scrupulos 
aliquos  conscientiae  Julio  confessario  proposuit  enodandos. 
Quuni  ciiim  ad  nova  cHjenobia  sedificanda  Ordo  pecunia 
indigorot,  el  census  gubcrnativi  qiios  possidebat  non 
esscnt  valdo  fructiferi,  ('aius  modici  increment!  in  eorum 
pretio  nactus  occasionem  eos  vendebat,  ac  actiones  magis 
remunerativas  alias  viaruni  ferreai'uni.  alias  societatis 
cujusdam  recenter  instituta;  ad  omnia  providenda  {General 
Stores)  emebat.  Postoa  tamen  dubitabat  iitrum  ista 
religiosis  licerent.     Unde  (jua^ritur: 

1.  Quid  sit  negotiatio? 

2.  Qualem  negotiationem  et  quibus  lex  ecclesiastica 
prohibcatr? 

3.  Quid  ad  casum? 

SOLUTIOX 

1.  "What  is  trading? 

Trading  in  the  strict  sense  is  buying  commodities  with 
the  intention  of  selling  them  at  a  higher  price  \Aithout 
changing  their  nature.  Buying  commotUties  for  use  or 
for  consumption  is  not  trading,  nor  is  selling  the  produce 
of  one's  own  land  or  labor. 

2.  AMiat  sort  of  trading  is  forbidden  by  ecclesiastical 
law  and  to  whom? 

35 


36  CASES  OF  CONSCIENCE 

Ecclesiastics  in  sacred  Orders  and  all  religious  are  for- 
bidden to  trade  in  the  strict  sense.  They  are  also  forbidden 
to  buy  material  and  change  it  by  liired  labor  for  sale  at 
a  profit,  and  to  buy  animals  and  fatten  them  for  sale  on 
hired  land,  for  such  actions  have  the  appearance  of  trad- 
ing. Benedict  XIV  also  declared  that  they  are  forbidden 
to  trade  by  means  of  agents. 

3.  The  case.  Caius  did  nothing  reprehensible  in  selling 
government  stock  at  a  profit  when  it  rose  in  price,  provided 
that  it  was  not  bought  cheaper  with  the  intention  of  selling 
afterwards  at  a  profit  when  it  should  rise.  Nor  did  he 
do  WTong  in  investing  part  of  the  proceeds  in  railway 
stock  which  brought  in  a  higher  interest.  There  is  more 
difficulty  about  his  buying  shares  in  the  company  which 
o'\\'ned  the  stores.  Most  authors  would  say  that  this  is 
not  lawful,  inasmuch  as  Caius  thereby  l^ecame  a  member 
of  a  trading  company  and  traded  by  means  of  the  servants 
of  the  company.  However,  unless  he  is  a  director  of  the 
company  or  otherwise  takes  an  active  part  in  managing 
its  affairs,  it  is  probable  that  he  does  not  do  wrong  here 
either.  Practically  all  that  he  does  is  to  buy  the  right  to 
receive  a  dividend  on  his  shares  if  the  company  succeeds 
in  business;  there  is  no  scandal,  and  no  interference  with  his 
spiritual  avocations.  This  is  the  opinion  of  several  recent 
authors,  quoted  and  followed  by  Genicot  (II,  n.  41),  and 
others.  We  suppose  of  course  that  Caius  has  no  reason 
to  suspect  that  the  company  does  business  dishonestly. 


WARLIKE  MISSIONARIES 

QuATUOii  missionarii  Catholiri  evangoliuin  magno 
cum  fructu  populis  in  Africa  centrali  predicabant 
remoti  al)  aliis  Euroiiiuis.  Indigcna)  vcro  bellum  inter- 
iiccivum  moverunt  contra  omnes  Europaeos  quos  sparsim 
inventos  occidebant.  Hinc  reliqui  in  locos  munitos  fuge- 
runt,  ot  (juodam  die  manus  Euroi)irorum  ad  missionarios 
venit  ut  eos  in  locum  tutum  conduceret.  Ecce  tamen  in 
itincre  magna  copia  barbarorum  undequaquc  pai-vam 
manum  est  aggressa  ita  ut  vix  spes  tenuis  esset  evadendi 
nisi  omnes  pugnarent.  Hinc  maximis  in  angustiis 
positi  sunt  missionarii,  nam  cxempla  Christiana  docere 
videntur  esse  potius  moriendum  in  talibus  circumstantiis 
patienter  et  sine  resistentia,  ex  altera  tamen  parte  nisi 
pugngnt  non  tantum  ipsi  sed  et  manus  magnanima  cum 
ipsis  fere  certo  peribunt.  Tandem  accipiunt  sclopeta  et 
pugnando  sicut  ceteri  ad  locum  tutum  pervenerunt.  Unde 
quaeritur: 

1.  Qua  lege  gerere  ai-nia  clericis  i)rohibeatur? 

2.  Numiiuani  ptniani  iiicurranl   clcrici  homicidse? 

3.  Quid  ad  casum? 

Solution 
1.  By  what  law  are  clerics  forbidden  to  bear  arms? 
Clerics  are  bound  by  their  profession  to  manifest  in  their 
conduct  the  meekness  of  Clu'ist,  and  all   that   militates 

37 


144594 


38  CASES  OF  CONSCIENCE 

against  this  obligtition  is  forbidden  by  the  natural  and 
divine  law.  To  bear  arms  like  soldiers  would  be  contrary 
to  their  profession  and  would  give  scandal,  so  that  it  is 
for]:)idden  by  natural  and  divine  law.  It  is  also  expressly 
forbidden  by  positive  law:  "  Let  clerics  who  bear  arms  be 
excommunicated."  ^ 

2.  Does  a  cleric  who  commits  homicide  incur  any 
special  penalty? 

Yes,  ^'  whoever  by  any  unjust  and  gravely  culpable 
action,  directly  or  indirectly,  physically  or  morally,  are 
guilty  of  homicide,  thereby  contract  irregularity.  Even 
casual  homicide  produces  irregularity  if  it  is  the  effect  of 
grave  negligence.  If  any  one  is  killed  in  an  unjust  war 
all  who  fought  on  the  other  side  contract  irregularity, 
unless  they  were  compelled  to  fight,  or  abstained  from  any 
action  which  could  be  the  cause  of  death."  - 

3.  The  case.  The  missionaries  acted  wisely  in  taking 
guns  and  helping  to  defend  themselves  and  those  who 
had  come  to  their  rescue.  They  were  being  attacked  as 
whites,  not  as  preachers  of  the  Gospel,  and  they  would 
certainly  have  been  killed  unless  they  had  defended  them- 
selves. They  also  had  obligations  of  gratitude  and  charity 
towards  the  small  band  that  came  to  rescue  them.  When 
the  taking  up  of  arms  is  necessary  for  self-defence  it  is 
not  forl^idden;  necessity  knows  no  law.  Even  a  cleric 
may  lawfully  kill  anoth(>r  in  self-defence  without  incurring 
irregularity  or  any  other  penalty. 

1  Corpus  Juris  Can.,  iii,  tit.  1,  c.  ii. 

^  Manual  of  Moral  Theology,  vol.  ii,  p.  438. 


DUTY  OF  RESIDENCE 

TiTius  et  Caius  saccrdotcs  regularcs  mi.s.sioiii  cuidain  in 
Anglia  inserviebant.  Titius  superior  ad  negotia  qusedam 
gerenda  primo  mane  discessit  usque  ad  horam  decimam 
postmcridiem  non  reversurus.  Caius  etiam  quamvis  scirct 
aliquos  inter  parochianos  segrotare,  (luum  neminem  in 
periculo  gra\d  const itutum  putaret  post  superiorem  amicos 
visitandi  causa  domum  reliquit.  Hora  nona  post  meridiem 
reversus  Caius  audivit  nuntium  bora  (juarta  venisse  paro- 
chianum  quemdam  gravitcr  a^grotare.  Ad  donium 
segroti  festinans  cum  dolore  invenit  Caius  cum  jam  esse 
mortuum  nee  ante  mortem  sacramenta  rcccpisse.  Scru- 
])ulis  igitur  angebatur  uti'uni  essct  culpae  lethalis  reus 
necne.     Unde  quseritur: 

1.  Quid  et  qualis  sit  obligatio  rcsidcntiae  qua)  sacer- 
dotibus  incumbit? 

2.  Num  curam  animaruni  gerant  turn  superior  tum 
subditi  regularcs  qui  missionibiis  in  Anglia  inserviant? 

3.  Qualis  sit  missionariorum  obligatio  sacramenta  niin- 
istrandi  ct  cm-andi  infii-mos? 

4.  Quid  ad  casum? 

Solution 

1.  \Miat  is  tliu  duty  of  residence  which  is  incumbent 
on  priests  with  the  cure  of  souls? 

39 


40  CASES  OF  CONSCIENCE 

"  In  order  that  tliej^  may  be  able  to  fulfil  the  duties  of 
their  charge,  and  be  always  ready  to  help  the  faithful  in 
their  spiritual  needs,  joarish  priests  are  l^ound  to  reside 
in  the  church  house  or  in  some  place  near  the  church. 
Tliis  law  was  enforced  by  the  Council  of  Trent,  and  it 
has  been  further  determined  in  particular  points  by  pro- 
vincial law.  In  the  province  of  Westminster  curates 
must  give  notice  to  the  head  priest  if  they  wish  to  absent 
themselves  even  for  a  day.  When  there  is  another  priest 
in  residence,  the  head  priest  may  absent  himself  for  a 
few  days  ^Adthout  acquainting  the  bishop,  provided  that 
he  has  some  good  reason,  that  he  takes  care  that  it  does 
not  occur  too  often,  and  that  he  is  not  away  on  a  Sunday 
or  on  a  day  of  obligation.  If  he  wants  to  be  away  on  one 
of  these  days  he  must  have  the  leave  of  the  bishop  or  of 
the  vicar-general  in  writing,  except  when  the  case  is  urgent, 
and  then  he  must  leave  a  suitable  person  as  his  substitute, 
and  give  notice  to  the  Bishop  or  to  the  vicar-general  as 
soon  as  possible. "^ 

2.  Do  both  the  regular  superior  and  his  subjects  who 
serve  a  mission  in  England  exercise  the  cure  of  souls? 

Yes,  they  are  all  presented  to  the  bishop  by  their  religious 
superior  and  they  receive  their  faculties  and  office  from  the 
bishop.  AMien  there  arc  several  priests  who  have  the 
cure  of  souls  in  one  mission,  whether  they  l^e  seculars  or 
regulars,  one  is  named  })y  ihe  bishoi)  as  head  priest;  the 
others  are  his  assistants,  but  all  have  the  cure  (A  souls 
according  to  the  Westminster  Synods.  "  Decernimus 
ceteros  omnes  curam  quam  habent  animarum  non  nisi 
cum  dependentia  a  primo  illo  exercere  "  (iv  West,  x,  2). 
"  Porro  ex  eo  quod  cura  animarum  principaliter  demandata 

'  Manual  of  Moral  Tlieology,  vol.  i,  p.  630. 


DUTY  OF  RESIDENCE  41 

sit  rectoribus  missioiium,  iiolint  (ixistimare  coadjutorcs 
se  a  tanto  onere  esse  imniuiies;  ipsorum  enim  est  cum 
dcpcndontia  a  rectore  oum  adjuvare,  prcedicando  scilicet, 
coiifessionos  aiidieiulo,  pueros  catefhismum  docendo, 
infirmos  visitando  atfiue  cis  sacramonta  admiuistrando, 
aliaque  missionarii  munera  adimplondo  "  (iv  West,  xi,  (i). 

3.  Wliat  is  the  obligation  of  missionary  priests  to  admin- 
ister the  sacraments  and  look  after  the  sick? 

Missionary  priests  who  have  the  cure  of  souls  are  bound 
to  administer  the  sacraments  to  those  under  their  charge 
whenever  these  ask  for  them  reasonably.  They  should 
take  special  care  of  the  sick  as  the  Ritual  admonishes 
them:  "  Parochus  in  primis  meminisse  debet,  non  post- 
remas  esse  muneris  sui  partes  legrotantium  curam  habere. 
Quare  cum  primum  noverit  qucmpiam  ex  Fidelibus  curse 
suae  commissis  a^grotare,  non  expectabit  ut  ad  eum 
vocetur,  sed  ultro  ad  eum  accedat;  idque  non  semcl 
tantum,  sed  ssepius,  quatenus  opus  fuerit "  {De  Visit, 
et  Cura  Infirm.). 

4.  The  case.  Titius  in  the  case  was  justified  in  leaving 
home  for  the  day;  exphcitly  or  implicitly  he  left  Caius 
in  charge.  Caius  followed  the  example  of  Titius  and  left 
home  for  the  day  although  he  knew  that  there  were  several 
sick  people  in  the  parish,  but  he  thought  that  none  of 
them  was  in  serious  danger.  As  a  matter  of  fact  one  died 
without  the  sacraments  wliile  the  ))riest  was  away,  and  he 
might  have  had  them  if  Caius  had  stayed  at  home  as  he 
should  have  done.  There  is  no  indication  in  the  case 
that  Caius  went  away  on  necessary  business;  it  would 
appear  that  he  went  on  i)leasure.  He  can  not  be  excused 
from  all  fault  in  leaving  when  he  knew  that  there  were 
several  in  the  j)ansh  who  were  sick.     If  he  had  left  advert- 


42  CASES  OF  CONSCIENCE 

ing  to  the  probability  of  one  of  them  dying  in  consequence 
without  the  sacraments,  he  would  have  sinned  grievously. 
As  this  can  hardly  l)c  said,  wc  must  say  that  he  sinned 
at  least  venially,  unless  with  full  knowledge  of  all  the 
circumstances  he  judged  that  no  harm  would  result  to 
his  flock. 


DIFFERENT  IDEALS  OF  PAROCHIAL  WORK 

TiTius  et  Caius  uterquc  missionarius  in  Anglia  collo- 
(luuntur  de  muiicribus  sacerdotis  eui  incumbit  ciu'a  ani- 
marum.  Titiiis  dicit  spectare  ad  talem  sacerdotcm  ex 
lege  residentiio  donii  maiuTo  il)i(|UO  expectare  parochianos 
qui  si  velint  ad  cum  veniaiit.  Itaquc  die  dominica  ([uidem 
laborem  externum  siicerdoti  non  defuturum  ceteris  diebus 
eum  optime  vacaturum  sermoni  (|uam  maxima  cura  prae- 
parando,  et  studiis  sacris,  (juin  un(iuam  domum  relin- 
quat  nisi  quando  expressc  vocetur  ad  infomum  vcl  ad 
aliud  simile  munus  praestandum  vel  honestser  recreationis 
causa.  E  contra  Caius  dicit  sacerdotem  optimum  domi 
adesse  nonnisi  ad  cibum  vcl  sonnium  nccessarium  sumcn- 
dum,  toto  i-cli(iuo  die  debcre  visitare  parochianos,  qua?rere 
oves  perditas,  etiam  qua)  extra  ovile  sint,  et  die  dominica 
loco  sermonis  form.alis,  ut  dicitur,  bene  posse  familiari 
colloquio  dare  substantiam  meditationis  matutinae  vel 
etiam  ali(|uid  ex  pio  aliquo  auctore  legerc.  Quum  scn- 
tentias  ita  diversas  nullo  modo  conciliare  possint  mutuo 
consensu  theologum  adeunt  ut  juxta  theologica  principia 
et    mcntem     Ecclesia^     rem     definiat.      (^uaTunt    igiUu': 

1.  Num  et  quomodo  tlifferaiit   status  parochi  ct   mis- 
sionarii  ajuid  nos? 

2.  Qua'uam  sint  pra?cipuai  obligationcs  talis  missionarii? 

3.  Quid  ad  casum? 

43 


44  CASES  OF  CONSCIENCE 

Solution 

1.  Does  the  status  of  parish  y)ricsts  differ  from  tliat  of 
missionary  priests  in  Eiighind,  and  how? 

Parish  priests  are  canonically  instituted  to  their  parishes, 
from  which  they  can  not  be  removed  except  for  canonical 
causes  and  by  canonical  pi'ocess.  They  have  ordinary 
jurisdiction  in  the  internal  forum.  On  the  other  hand 
our  missionaries  are  nominated  by  the  bishop  whose  dele- 
gates they  are,  and  they  can  be  more  easily  removed  than 
can  parish  priests.  With  regard  to  their  duties,  parish 
priests  and  missionaries  are  on  the  same  footing,  except 
that  parish  priests  are  bound  on  Sundays  and  holidays 
of  obligation  to  say  Mass  for  their  flocks,  which  mission- 
aries are  not  strictly  bound  to  do.^ 

2.  What  are  the  chief  duties  of  a  missionary  priest? 
He  is  bound  to  residence,  to  preach  on  Sundays  and 

solemn  feasts,  to  catechize,  to  administer  the  sacraments 
to  those  who  reasonably  ask  for  them,  to  visit  his  people, 
and  to  look  after  the  sick. 2 

3.  The  case.  Titius  and  Caius  have  different  notions 
of  the  duty  of  a  parish  priest  and  neither  of  them  has 
quite  the  right  notion.  To  get  at  the  correct  notion 
according  to  the  mind  of  the  Church,  we  must  join  them 
both  together.  The  parish  priest,  as  Titius  maintains, 
should  find  some  time  for  study,  he  should  have  a  fixed 
time  for  it  every  day  as  far  as  possible.  Of  course  he  can 
not  make  a  cast-iron  rule  on  the  sul)ject,  never  to  be  broken; 
but  he  should  keep  the  fixed  time  sacred  for  study  unless 

1  Manual  of  Moral  Theology,  vol.  i,  p.  626  ff .  The  decree  Maxima 
Cura,  25  Aug.,  1910,  must  now  be  consulted. 

2  Manual  of  Moral  Theology,  vol.  i,  p.  627. 


DIFFERENT  IDEALS  OF  PAROCHIAL   WORK  45 

a  more  urgent  duty  i)revontsit.  During  this  time  ho  should 
prepare  his  sermons  and  catecliisms.  On  the  other  hand, 
there  are  otlier  duties  whicli  tlie  parish  priest  must  not 
neglect.  lie  must  visit  liis  flock,  ;iiiil  cspcciall}'  llic  sick, 
without  waiting  to  be  called;  he  nmst  seek  out  those 
who  are  straying  from  the  fold,  and  promote  the  good  of 
his  people  in  other  ways,  wliich  zeal  and  cliarity  will 
suggest  according  to  (lie  wants  of  his  mission.  Caius 
should  raise  his  standard  of  what  preaching  the  Gospel 
demands,  and  he  is  altogether  wrong  in  saying  that  the 
parish  priest  satisfies  his  obligation  of  prea^'hing  by  reading 
a  uious  book. 


10 

A  NEGLIGENT  PARISH  PRIEST 

TiTius  niissionarius  sacerdos  qui  solus  curam  animarum 
in  quodam  oppido  Anglico  gerit,  aliquantulum  fatigatus 
tres  ultimos  hebdomadte  dies  apud  mare  transigere  de- 
crevit,  quum  nil  magiii  momenti  eum  domi  detinuerit. 
Sabbato  vespere  domum  re  versus  invenit  nuntium  qui 
eum  vocavit  ad  Patricium  graviter  aegrotantem.  Expertus 
cogno^dt  ssepe  tales  parochianos  vocare  sacerdotem 
prsesertim  sabbatis  ad  rixas  inter  conjuges  aliosque 
componendas,  unde  manere  domi  statuit.  Proximo  die 
ante  prandium  urgentem  nuntium  ab  amico  honesto 
Patricii  recepit  in  gravissimo  periculo  esse  Patricium 
eonstitutum,  tranquillus  tamen  prandium  sumpsit,  et 
postea  ad  segroti  domum  iter  est  aggressus.  Invenit 
Patricium  jam  esse  mortuum  quum  tamen  factum  mortis 
scitu  sit  difficile,  et  putarit  fortasse  eum  adhuc  vivere 
sub  conditione  absolvit,  et  anxius  domum  est  reversus. 
Ad  conscientiam  pacandum  postea  quserit : 

1.  Num  obligationes  paroehorum  et  missionariorum 
nostrorum  differant? 

2.  Qualis  sit  obligatio  residentia;,  et  cjuid  al)  ea  parochos 
excuset? 

3.  Ad  quid  erga  parochianos  segros  paroehus  teneatur 
et  sub  qua  obligatione? 

4.  Quid  ad  casum? 

46 


A    NEGLIGENT  I'AUISII   J'RIEST  47 

Solution 

1.  This   (lucstioii  was  answcix'd  ubovo,  ]).  44. 

2.  What  is  the  duty  of  residence,  and  what  excuses 
parisli  priests  from  the  duty? 

The  first  part  of  this  question  was  answered  above,  p.  40. 

The  second  part  may  be  answered  in  the  words  of  the 
"  Manual  of  Moral  Theology,"  (vol.  i,  p.  G31). 

"  For  some  good  reason,  and  the  need  of  relaxation  is 
sufficient,  a  parish  priest  may,  by  the  common  law,  absent 
liiniself  from  his  charge  for  a  period  of  two  months  every 
yeai*.  Tlie  exigencies  of  modern  })arish  duties  rarely 
permit  of  so  long  an  absence  every  year.  Parish  priests 
may  be  absent  from  tlieir  i^arishes  for  a  longer  period 
than  the  two  months  allowed  by  the  common  law  when 
it  is  made  necessary  by  Christian  charit}^,  urgent  necessity, 
due  oliedience,  and  the  evident  advantage  of  Cliurch  or 
State.  The  approval  of  tlio  l:)ish()p  is  always  required 
in  these  cases." 

3.  "WTiat  are  tlie  duties  of  the  parish  priest  toward  tlie 
sick,  and  how  serious  are  those  (hities? 

The  principal  duty  of  a  i)arisli  priest  toward  a  parish- 
ioner wlio  is  in  danger  of  death  is  to  administer  to  him 
the  last  rites  of  religion.  As  he  is  under  a  grave  obliga- 
tion to  administer  the  sacraments  to  his  parishionei-s  when 
they  ask  for  them  reasonably,  the  obligation  to  admin- 
ister them  to  one  in  danger  of  death  when  they  are  speciall}- 
necessary  is  still  more  grave.  The  priest  should  not  be 
satisfied  with  administering  the  sacraments,  but  he  should 
repeat  his  visits,  and  stiive  to  console  and  helj)  the  sick 
in  their  trials  and  temptations,  as  the  Ritual  directs. 
The  Ritual  also  ])r('scril)es  that  th(>  j^riest  sliould  do  what 


48  CASES  OF  CONSCIENCE 

he   can    to   assist   the   temporal   necessities    of    the   sick 
poor.i 

4.  The  case.  Provided  that  he  did  not  absent  himself" 
too  often,  Titius  did  not  do  wrong  in  going  to  the  seaside 
for  a  short  holiday  inside  the  week  when  he  felt  tired. 
He  should,  however,  have  some  arrangement  with  a 
neighboring  priest  so  that  in  his  absence  an  m'gent  sick- 
call  may  be  sent  on  to  the  nearest  priest.  Unless  Titius 
had  good  reason  to  think  that  Patrick  was  one  of  those 
who  send  for  the  priest  without  necessity  or  reason,  he 
should  not  have  neglected  to  go  at  once.  Better  go 
without  necessity  many  times  than  miss  a  real  case  once. 
When  he  got  an  urgent  message  next  day  from  a  respectable 
friend  of  Patrick  saying  that  he  was  in  the  greatest  danger, 
Titius  should  have  put  off  his  dinner  and  gone  at  once 
to  the  sick  man.  He  can  not  be  excused  from  a  grave 
dereliction  of  duty  in  not  doing  so.  On  finding  Patrick 
apparently  dead  he  did  well  to  aljsolve  him  conditionally, 
and  he  might  also  have  administered  Extreme  Unction 
conditionally.  Apparent  death  may  precede  real  death 
for  an  hour  or  two,  as  modern  authorities  hold. 

1  Ritual,  De  Visit,  et  Cora  Infirmorum. 


11 

A  PRIEST'S  PROPER  BISHOP 

TiTius  vota  siiiiplicia  in  (iiuulam  Coiigrcgationc  d'uccc- 
sana  emisit  et  sacerdos  titulo  Missionis  est  ordinatus. 
Post  aliquod  temporis  spatium  dimissionem  e  Congrega- 
tione  obtinuit  et  benevolum  receptorem  invcnit  vicinse 
dioecesis  cpiscopum,  qui  in  quadam  Missione  ci  curam 
animarum  tradidit.  Quod  (juum  audiret  episcopus  dioe- 
cesis in  qua  Congregatio  erat  instituta  quaesivit  a  thcologo 
utrum  ipse  Titium  ad  dioecesim  suani  rcvocare  ct  opus 
ci  injungere  posset.     Undo  quseritur: 

1.  Num  y\  ordinationis  sacerdos  dioccesi  parliculari 
sit  obstrictus? 

2.  Ad  quid  specialiter  teneantur  o1)ligati  juraniento 
Missionis? 

3.  Numet  quomodo  sacerdos  ab  una  in  alteram  dioecesim 
transferri  valeat? 

4.  Quid  ad  casum? 

Solution- 

1.  Is  a  priest  attaclicd  to  a  j)arlicular  diocese  by  his 
ordination?     , 

Yes,  the  Council  of  Trent  (XXIII,  c.  IG,  Dc  Ref.) 
l)rescribeil  that  in  future  no  one  was  to  be  ordained  without 
being  ascribed  to  that  church  or  pious  foundation  for 
whose  necessity  and  service  he  was  accepted,  and  where 

49 


50  CASES  OF  CONSCIENCE 

he  was  to  exercise  his  fuiictions,  and  not  wander  about 
without  fixed  abode.  And  if  he  abandons  his  post  without 
leave  of  the  bisho}),  he  is  to  be  forbidden  the  exercise  of 
his  sacred  ministry. 

2.  To  what  are  those  specially  obliged  who  are  ordained 
on  the  title  of  the  mission? 

By  the  terms  of  the  missionary  oath  they  are  bound 
to  work  in  the  diocese  for  which  they  were  ordained  under 
the  direction  of  the  bishop,  and  they  can  not  enter  into 
any  Religious  Order  or  Congregation  without  the  leave 
of  the  Holy  See. 

3.  Can  a  priest  be  transferred  from  one  diocese  to 
another,  and  how? 

Yes,  by  the  mutual  consent  of  the  respective  bishops, 
for  just  cause,  a  priest  may  be  excardinated  from  one 
diocese  and  incardinated  in  another.  It  should  l)e  done 
in  writing.  If  a  priest  has  been  ordained  on  the  title  of 
the  mission  he  requires  the  leave  of  the  Holy  See  to  pass 
to  another  chocese  and  he  should  take  the  missionary 
oath  afresh.  The  Bishops  of  the  Province  of  Westminster 
were  empowered  by  a  decree  (S.C.  de  P.  F.,  IS  Aug.  1885), 
by  mutual  consent  to  effect  the  transference  of  such  a 
priest  from  one  diocese  to  another  without  a  renewal 
of  the  oatli.^ 

4.  The  case.  Titius  had  l)een  ordained  priest  in  a 
certain  di(X'esan  Congregation  on  tlie  title  of  the  mission. 
If  the  Congregation  was  restricted  to  a  particular  chocese, 
he  was  ordained  for  that  diocese,  and  when  he  leaves  his 
Congregation  he  becomes  merely  the  subject  of  the  bishop 
of  that  diocese,  and  he  can  not  leave  it  without  the  bishop's 

1  Collectanea  S.  C.  de  P.  F.  n.  1641  ed.  2da.  The  Bishops  of  the 
United  States  have  a  similar  faculty. 


i 


A    PRIESTS  I'liOl'ER   BlSllOl'  51 

permission.  If  ho  does  so,  lie  can  be  recalled  under  (iireat 
of  censure.  If  the  Congregation  was  spread  in  several 
dioceses,  Titius  on  leaving  his  Congregation  became  sub- 
ject to  the  bishop  of  his  origin,  and  if  he  wants  lo  join 
another  diocese  he  should  arrange  \\\i\\  the  bisho})  of  his 
origin.  1 

'  Vermeersch,  Do  Kcligiosis  Institutes,  vul.  i,  mi.  335  484. 


I'AHT  III 

Duties  of  Religious 

1 

A  VOCATION  TO  RELIGION 

Caius  juvcnis  oi)liino  ingenio  et  bonis  moribus  in 
quodam  Collcgio  catholico  cducatus  quum  tempus  a 
Collcgio  (liscedendi  appropinquaret  ad  confcssarium 
accedit  ct  rogat  quid  a  se  sit  faciendum.  Timet  enim  ne 
sit  voeatus  ad  statum  rcligiosum,  (luuni  ab  anno  fere 
integro  ssepissime  cogitatio  religionem  ingrediendi  in 
mentem  vencrit,  et  facile  in  isto  statu  salutem  consecu- 
turum  sit  ci  persuasum,  quod  ob  dispositionem  Aivacem 
et  inclinationem  ad  voluptates  satis  difficile  esset  in 
scculo;  attamcn  austeritatem  vitae  religiosse  animus  ejus 
refugit.  Vult  igitur  scire  utrum  teneatur  religionem 
ingredi.     Unde  quseritur: 

1.  Quid  sit  vocatio  divina  et  unde  sciatur  utrum  aliquis 
vocationeni  liabeat? 

2.  Num  voeatus  peccet  si  vocationem  non  sequatur, 
vel  non  voeatus  se  ingerens  in  statum  religiosum? 

3.  Quid  ad  casum? 

Solution 

1.  This  question  is  answered  above,  p.  23. 

2.  Does  one  who  is  called  to  religion  sin  if  he  does  not 

53 


54  CASES  OF  CONSCIENCE 

follow  his  vocation,  and  docs  he  sin  who  enters  religion 
without  a  vocation? 

The  answer  given  above  with  regard  to  vocation  to  the 
priesthood  may  be  applied  to  this  question.  With  regard 
to  religious  life  which  does  not  involve  the  priesthood, 
many  divines  hold  with  St.  Thomas  that  a  general  voca- 
tion is  given  by  God  to  all  who  are  free  and  suited  to  the 
religious  state.  So  that  any  such  persons  who  choose  to 
enter  rehgion  for  some  supernatural  motive  are  in  fact 
called  thereto  by  God.  As  a  vocation  to  a  religious  life 
is  a  call  to  perfection  and  to  the  practising  of  the  counsels 
of  the  Gospel,  which  do  not  bind  under  sin,  no  sin  is  com- 
mitted per  se  by  one  who  does  not  follow  such  a  vocation. 
If,  however,  he  is  conscious  that  by  remaining  in  the  world 
he  would  expose  his  salvation  to  serious  danger  he  would 
of  course  commit  sin  by  neglecting  the  necessary  means 
to  save  his  soul.i 

3.  The  case.  Caius,  a  young  man  of  excellent  disposi- 
tion and  good  morals,  is  afraid  that  he  has  a  vocation  to 
the  religious  life.  The  thought  of  it  has  often  been  in  his 
mind  during  the  past  year;  he  is  persuaded  that  he  could 
easily  save  his  soul  in  that  state  of  life,  while  he  is  afraid 
that  on  account  of  his  lively  disposition  and  inclination 
for  pleasure  he  would  find  it  difficult  to  do  so  in  the  world. 
AVhat  deters  him  is  the  austerity  of  religion.  Caius 
manifests  some  of  the  ordinary  signs  of  a  religious  vocation. 
His  fear  of  the  austerity  of  the  life  does  not  militate  against 
his  having  a  genuine  vocation,  and  should  not  be  reckoned 
when  trying  to  come  to  a  decision.  The  confessor  there- 
fore should  tell  Caius  that  a  religious  vocation  is  a  great 
grace  which  God  gives  to  those  whom  He  specially  loves, 

1  Manual  of  Moral  Theology,  vol.  i,  p.  642. 


.1    \(J(ATI(J\    TO   RELKIIOS  55 

as  He  did  to  the  young  man  in  the  Gospel.  He  might 
tell  him  that  he  has  many  of  the  signs  of  a  religious  V(jca- 
tion,  i)U(  he  should  not  atlcmpt  to  settle  the  (lucstion 
himself;  he  should  let  Caius  do  (hat,  reeomnicndlng  him 
to  make  a  retreat  for  the  [)Lupose. 


IMPEDIMENTS  TO  ENTERING  RELIGION 

Caia  monialis  recenter  vota  gimplicia  professa  Titio 
confcssario  manifestat  se  ante  ingrcssum  in  Religioncm 
dcliitum  viginti  librarum  cum  Paulo  contraxisse  nondiim 
solutum,  ciijus  mentioncm  nullam  se  fecisse  .siiperioribus. 
Porro  elicit  se  quinquaginta  libras  secum  in  religionem 
attnlisse  ac  Orclini  declisse  ad  compei^sandum  victum  et 
vestitum  sibi  durante  novitiatu  prsestitum.  Titius 
scit  quidem  a^s  alienum  esse  religionis  impediment um  et 
justitiam  esse  servandam,  nescit  tamen  ciuid  in  casu  sit 
faciendum.   Unde  quseritur: 

1.  Quinam  possint  religioncm  ingredi? 

2.  Quomodo  differant  impedimenta  ingressus  in  relig- 
ionem substantialia  et  secundaria? 

3.  Num  Ordo  religiosus  solvere  teneatur  delnta  per- 
sonalia membrorum? 

4.  (^uid  ad  casum? 

Solution 

1.  Who  may  enter  Religion? 

All  those  who  have  the  aptitude  for  the  duties  of  religious 
life  and  who  are  not  prevented  by  any  special  obstacle 
may  enter  religion.  The  chief  obstacles  are:  the  necessity 
of  supporting  parents,  consummated  marriage,  and  debts. 
Bishops  can  not  become  Religious  without  the  leave  of 

56 


IMPEDIMENTS  TO  KNTERINd  REIJCIOX  hi 

tlic  llf^ly  Sec.     The  (lil'tViciit   liclij^ioiis  OnlcJ-s  hiive  special 
impediments  in  addition  to  lliese.' 

2.  How  do  substantial  inipc<linients  differ  from 
sec(jndai'y? 

The  former  make  religious  jjrofession  invalid  if  tliey  are 
not  removed  beforehand,  the  latter  only  render  it  unlawful. 
Debts  constitute  a  secondary  impediment. 

3.  Is  a  Religious  Oi'dci-  l)()und  to  j)ay  the  ])ersonal  delfts 
of  its  members? 

Certainly  not.  IVrsonal  ol)lig-ations  of  this  sort  only 
rtffect  him  who  contracted  them. 

•I.  The  case.  (  ai;i  did  wrong  to  enter  Religion  without 
paying  hei-  debts.  She  has  given  all  the  money  she  had 
to  ])ay  for  her  ow^i  support  during  the  novitiate  to  her 
superiors,  who  know  nothing  about  the  debt.  She  has 
no  money  left  to  pay  the  del)t  now.  If  she  obtains  any 
afterwards  by  inheritance  or  otherwise  she  will  l)e  obliged 
to  pay  the  debt  with  tlie  customary  interest.  Jn  the 
meantime  it  will  l)e  suflicient  if  she  repents  of  her  fault, 
and  resolves  to  fulfil  her  obligations  when  she  can  do  so. 

'  Manual  of  Moral  Theology,  vol.  i,  p.  G43. 


OBSTACLES  TO  VOCATION 

Patricius  sacerdos  secularis  et  in  Aiiglia  missionarius 
sed  in  Scotia  oriundus  consilium  {X'tit  Cuii  regularis  in 
his  circumstantiis.  Pati'icius  jjaucis  ahhinc  annis  quod- 
dam  seminarium  dia'cesanum  in  Anglia  intravit  et  post 
juramentum  Missionis  emissum  tandem  aliquando  fuit 
titulo  Missionis  ordinatus.  Postea  per  duos  annos  Mis- 
sioni  cuidam  inserviens  plurimum  in  vinea  Domini  fructum 
attulit.  Attamen  pericula  talis  vitse  expertus  et  amore 
perfectionis  religiosa?  Opatus  Episcopi  rogat  licentiam 
in  patriam  revertendi  animo  ibidem  monasterium  (juodtlam 
intrandi.  Negat  Episcopus,  quinimmo  asserit  Patricium 
esse  jam  in  statu  })erfectionis  nee  rationem  adesse  relig- 
iosam  vitam  desiderandi,  cujus  quo  facilius  obliviscatur 
jubct  ut  ad  aliam  Missionem  pauperrimam  ubi  nee  labor 
nee  paupertas  sint  defuturi  se  confe^at.  Patricius  igitui' 
a  Caio  petit. 

1.  Qugs  obligationes  Missioni  inserviendi  sibi  incumbant? 

2.  Num  verum  sit  statum  sacerdotis  secularis  esse 
statum  perfectionis? 

3.  Num  et  sub  (|uibus  conditionibus  I'cligionem  ingredi 
valeat? 

4.  Num  teneatur  Ej)iscopo  ol)edire  quoad  aliam  Mis- 
sionem? 

58 


OBSTACLES   TO   VOCATION  59 

SoLUTION^ 

1.  Under  what  obligations  docs  Patrick  lie  of  serving 
the   Mission? 

Patrick  is  Ixnuul  to  sciac  the  diocese  for  which  he  was 
ordained  by  the  very  fact  of  liis  ordination  and  by  his 
promise  of  canonical  obedience  to  the  Bishop.  He  is 
also  bound  by  the  terms  of  the  missionary  oatli  which  he 
has  taken.' 

2.  Is  it  true  tliat  (lie  state  of  a  secular  priest  is  a  state 
of  perfection? 

A  certain  stability  of  life  is  necessary  to  constitute  a 
state  of  life  in  the  strict  sense,  and  that  it  may  be  a  state 
of  acquiring  perfection  it  should  impose  the  obligation 
and  offer  special  means  to  attain  perfection.  The  secular 
priesthood  is  not  a  state  of  acquiring  perfection,  as  there 
is  not  the  requisite  stability,  nor  does  it  offer  special 
means  of  acquiring  perfection.  On  account'-of  the  w'ant 
of  stability  it  can  not  strictly  be  called  a  state  in  which 
perfection  is  exercised  hke  the  state  of  bishops,  but  in  the 
opinion  of  Suarez  it  may  be  called  an  imperfect  and  in- 
choate state  of  exercising  perfection  on  account  of  the 
priest's  duty  of  working  for  the  sanctification  of  others.^ 

3.  Can  Patrick  enter  Religion  and  under  what  conditions? 
If  Patrick  can  get  the  leave  of  the  Holy  See  he  may 

enter  Religion,  but  that  leave  is  required  by  the  terms 

of  the  missionary  oath.     He  should  therefore  be  advised 

to  make  up  his  mind  whether  as  far  as  can  be  known  he 

has  a  true  vocation,  anel  then  if  he  wishes  to  follow  it 

he  must  ask  leave  from  the  Holy  See,  which  will  doubtless 

^  Trent,  xxiii,  c.  IG  Dc  Ref.;    Manual  of  Moral  Theology,  vol.  i, 
p.  634. 

''Suarez,  De  Relig.,  tract,  vii,  lib.  i,  cc.  14,  15,  17. 


60  CASES  OF  CONSCIENCE 

fij-st  consult  the  Bishop  and  then  grant  leave  or  not  as  it 
judges  to  be  for  the  best. 

4.  Is  lie  bound  to  obey  the  Bisliop  and  accept  the  poor 
Mission  assigned  to  him? 

It  may  reasonably  be  doubted  whether  Patrick  is  so 
obliged  if  he  does  not  wish  to  leave  his  present  post.  To 
transfer  him  to  a  poorer  and  harder  Mission  has  the  appear- 
ance not  of  promotion  but  of  degradation,,  and  Patrick 
has  done  nothing  to  deserve  that.  When  the  First  Council 
of  Baltimore  laid  it  down  that  priests  were  obliged  to 
obey  the  bishop  when  he  bade  them  accept  any  mission 
within  the  diocese,  the  S.  Cong,  de  Prop.  Fide  sub- 
stituted for  it  this  clause:  "We  admonish  priests  that 
mindful  of  the  promise  made  at  their  ordination  they 
should  not  refuse  to  accept  any  mission  assigned  to  them 
by  the  bishop "  (Collectio  Lacensis  recent.  Concil.,  Ill, 
p.  22).     Which  is  much  less  peremptory. 


RELIGIOUS  AND  SECULARS 

Caius  saccrdos  secularis  pi-o  (luadam  dioeccsi  Anglica 
titulo  Mis«ioiiis  ordinatus  noii  Icvia  signa  vocatioiiis  ad 
statum  religiosum  ncc  ad  l)r('\'c  tcmpus  in  se  expertus 
consulit  dv  oa  re  suuiii  inissionai-iuni  Rectorem,  qui  negat 
se  iiitelligcrc  (luid  ci  dcsit  ad  summam  ])orfectionem 
acquiroiidaiii,  cjuippc  fiiiuni  legatur  in  IV  Cone.  West, 
d.  XII,  n.  7:  "  Insuper  a  Domino,  infu-niitatum  nostrarum 
miseratore,  eximia  nobis  in  Anglia  pro  regno  veritatis 
militantibus  ad  perfectionem  sacerdotalem  adqiiircndam 
eoneeduntur  auxilia.  Sacerdotio  quo  insigniuntur  mis- 
sionarii  eoncredita  est  cura  animarum  ct  ideo  omnimoda 
quae  h^tatui  i)astorali  adnexa  sunt  dona  spiritualia:  porro 
pastores  sunt  prsesertim  pauperum,  Jesu  amicorum 
'  qui  non  habent  retribuerc  nobis  ' ;  i})sique  etiam  pauperes, 
et  pauperum  eleemosynis  nutriti  et  contenti.  Aeeedit 
etiam  quotidiana  et  ferme  perpetua  in  aliorum  oneribus 
allevandis,  in  infirmis  solandis,  in  moribundis  sublevandis 
die  noctuque,  proprise  voluntatis  abnegatio.  Denique 
restat  insignis  juramenti  missionarii  et  gratia  et  jirivile- 
gium  quo,  in  limine  apostolatus  suscepti,  ad  instar  obla- 
tionis  Jesu  in  Cruee  facta*,  semetipsos  vivum  et  bene- 
plaeens  sacrificium  Deo  Patri  de  die  in  diem  liljere  se 
off(M-unt."  "En  tibi,"  dieit  Rector,  "status  perfec- 
tionis  et  cjuidem  stabilis  vi  juramenti  Missionis,  ])au|)ertas 
etiam,  castitas,  et  obedientia,  (luitl  aliud  liabcrr  in  re- 
el 


62  CASES  OF  CONSCIENCE 

ligione  potes  quod  ad  perfectionem  acquirendam  con- 
ducat."  Caius  tameii  adhuc  non  contentus  secreto  con- 
sulit  Julium  reguLirem  qui  optimam  vocationem  agnoscens 
afRrniat  nihil  inipcdire  quominus  Caius  statim  transeat 
ad  religioneni,  (luum  hoc  privilegium  sit  concessum  in 
jure  saccrdotibus  secularibus,  nee  obstare  juramentum 
Missionis  quod  utpote  contra  consiHa  evangelica  obicem 
ponat  Spiritui  Sancto,  juxta  S.  Thomam,  in  III,  dist. 
39,  q.  \.  a.  3,  q.  3  ad  2,  ubi  addit  Anghcus  haec  verba: 
"  Quod  ipso  facto  quo  quis  jiu-at  se  rehgionem  non 
intraturum  perjurus  est."     Unde  quseritur: 

1.  Num  status  sacerdotis  secularis  curati  sit  status 
perfectionis? 

2.  Num  saltern  status  religionis  sit  status  perfectionis 
altior  statu  sacerdotis  secularis  ciu^ati? 

3.  Quinam  status  sit  majoris  dignitatis? 

4.  Quid  ad  casum? 

Solution 

1.  This  question  is  answered  above,  p.  59. 

2.  Is  the  religious  state  a  higher  state  of  perfection  than 
that  of  a  secular  priest  with  the  cure  of  souls? 

Yes,  the  office  of  a  secular  priest  with  the  cure  of  souls 
is  not  a  state  of  perfection  in  the  strict  sense,  for  he  is 
bound  by  no  perpetual  obligation  to  give  himself  to  the 
duties  of  his  office.  The  Cliurch  permits  them  to  abandon 
their  office  and  enter  religion,  which  is  a  proof  that  the 
rcUgious  state  is  of  greater  perfection  than  the  office  of 
a  secular  priest,  as  St.  Thomas  teaches  (H-II,  q.  184,  a. 
8).  This,  of  course,  does  not  prevent  some  priests  being 
personally  more  perfect  than  some  religious,  as  St.  Thomas 
also  teaclies  (II-II,  <i.  184,  a.  4). 


UKLiaiOVS  AM)  SECULARS  63 

3.  Which  state  is  liighor  in  dignity? 

Secular  priests  liave  precedence  over  Rehgious,  and 
this  is  a  mark  of  their  greater  dignity  of  rank  in  the  eccle- 
siastical hierarchy. 

4.  The  case.  The  cjuotation  from  the  Fourth  Council 
of  Westminster  shows  the  excellence  of  the  priestly 
office,  and  tlie  necessity  of  having  great  virtue  in  order  to 
fulfil  its  duties  worthily.  Hut  as  was  said  above,  it  wants 
the  stability  required  for  a  state  in  the  strict  sense,  and  it 
does  not  of  itself  provide  the  safeguards  and  the  helps 
which  a  state  of  perfection  should  provide  for  the  acquiring 
of  ix'rfection.  The  missionary  oath  does  not  Ijind  a  priest 
perpetually  to  devote  himself  to  the  cm^e  of  souls,  nor 
is  he  under  vows  of  poverty  and  obedience.  His  promise 
of  canonical  obedience  only  binds  him  to  obey  the  bishop 
in  matters  belonging  to  clerical  discipline,  and  not  to  leave 
the  diocese  without  the  bishop's  consent.  In  I'eligious 
life  the  priest  will  be  under  the  perpetual  obligation  of 
the  three  vows,  and  he  will  have  innumerable  helps  and 
safeguards  for  the  practice  of  the  highest  perfection. 
Julius  was  also  wrong  in  saying  that  Caius  might  (Miter 
religion  at  once.  He  must  not  enter  without  leave  of  the 
Holy  See  as  he  is  bound  by  the  missionary  oath.  This 
oath  does  not  bind  him  not  to  enter,  but  not  to  enter 
without  leave  of  the  Holy  See,  whose  business  it  will  be 
to  find  out  whethei-  the  pul)li('  good  of  the  diocese  will 
|)(>i"mit  of  his  abandoning  his  ofhce  and  seeking  his  ])i-ivate 
good  in  religion.  So  that  the  (juotation  from  St.  Thomas 
is  not  to  the  |)oint.' 

'  Cf.  liistnic't.  S.  L\  de  P.  F.,  27  \\ni\,  1S71,  Dc  Titulu  Oniinatioiiis, 
n.  U). 


THE  OBLIGATION  OF  THE  RULE 

Caio  S.  J.  religioso  contra  verba  expressa  Sancti  Funda- 
toris  statucntis  niillas  Constitutiones,  Declarationes, 
vel  orclinem  iillimi  vi\'eiuli  ])osse  obligationem  ad  peccatum 
mortale  vel  veiiiale  iiiducej-e  illi  Doctores  peccare  videntiir 
cjui  tradunt  rcligiosmn  qui  regiilam  traiisgrediatur  non- 
obstante  dicta  declaratione  S.  Fimdatoris  saltern  fre- 
cjuenter  venialiter  peccare.  Glossis  suis,  minime  fiindatis, 
ut  Caio  \idetur,  dicti  Doctores  laqueiim  peccati  inducunt 
in  ciuem  ne  filii  propter  \iolationem  regulae  inciderent 
summopere  ca\at  legifer  Pater.  Contra  Caiuni  Titius 
alter  religiosus  iirget  S.  Ignatium  voluisse  ut  universae 
Constitutioncs,  Declarationes,  et  ordo  vivendi  exacte 
observarentui*,  ut  ali(iuam  saltern  obligationem  inducerent, 
ne  mera  consilia  haberentur,  ac  praeterea  naturam  status 
religiosi  et  ipsius  rei  esse  ponderandum.      Uncle  quseritur: 

1.  Quid  sit  regula  alicujus  Ordinis  religiosi? 

2.  Qualis   orclinarie    sit   obligatio    regulae   Ordinum   re- 
ligiosorum? 

3.  Quid  requiratur  ut   actus  liumanus  sit  bonus,  quid 
sufficiat  ut  sit  malus? 

4.  Quid  ad  casura? 

Solution 
1.  What  is  the  Rule  of  a  Religious  Order? 
The  Rule  of  a  Religious  Order  in  the  strict  sense  is 

64 


I 


THE  OHLldATlOS   OF    TIIK  Ui  LK  65 

(listin^uisliod  from  the  Constitutions.  In  the  older  Ordei-s 
the  Rule  was  u  brief  method  of  life  drawn  up  by  some 
of  the  great  foundei-s  of  Religious  Ordei-s,  SS.  liasil,  Augus- 
tine, Benedict ,  and  Francis,  in  oi'dci'  to  guide  their  followei-s 
in  the  striving  after  the  peii'ection  jjroper  to  tlicii-  state. 
The  Constitutions  were  added  suhseciuently  and  further 
developed  and  explained  those  Rules.  In  the  Society 
of  J(>sus  the  Constitutions  \\ci'("  drawn  up  by  St.  Ignatius, 
and  the  Rules  were  added  subs('(|uently.  In  tlic  follow- 
ing ease  Rule  is  used  widely  to  designate  both  Constitu- 
tions and  Rule  in  the  strict  sense. 

2.  WTiat  is  ordinai'ily  the  obligation  of  the  Rule  of 
Religious  Ordei-s? 

Certain  precepts  which  arc  often  contained  in  the  Rule 
bind  under  grave  or  venial  sin  according  to  the  matter  and 
the  intention  of  the  lawgiver.  Wliat  immediately  con- 
cerns the  vows  also  l)inds  undei'  sin.  Rules  merely  pre- 
scribing external  discipline  bind  according  to  the  will 
of  the  legislator.  In  most  Religious  Orders  these  rules 
do  not  bind  directly  under  ])ain  of  sin,  but  only  under  the 
penalty  imposed  by  autliority.^ 

3.  What  is  required  that  a  luunan  act  be  good,  and 
what  is  sufficient  that  it  be  evil? 

The  object,  the  end,  and  all  the  circumstances  nnist 
be  good  that  the  action  may  be  good;  any  defect  will 
make  it   at   least   pai'tially  e\'il. 

4.  The  case.  Caius  tloes  not  distinguish  what  certainly 
recjuires  distinction.  The  ruU'  of  silence,  for  example, 
does  not  bind  under  sin.  so  that  a  Religious  who  breaks 
it  does  not  sin  against  the  Mule.     Rut  if  a  Religious  talks 

'  XoniuuS.  C.  EE.  et  RR.,  lUOl,  n.  320;  S.  Thomas,  Suninia,  II-II, 
q.  ISO,  a.  9. 


66  CASES  OF  CONSCIENCE 

when  lie  should  keep  silence,  there  will  generally  be  some 
fault  in  what  is  said,  or  in  the  manner  of  saying  it,  or  in 
tlu>  motive  for  breaking  silence.  There  will  generally 
be  something  said  against  charity  or  obedience,  some 
loss  of  time  on  one  side  or  on  the  other,  some  weakening 
of  discij^lino,  some  indulgence  of  the  spirit  of  curiosity, 
grumbling,  or  idleness,  so  that  often  there  will  be  venial 
sin  committed.  This  follows  from  the  nature  of  things, 
and  coukl  not  be  prevented  even  if  the  founder  wished 
to  prevent  it.  Actions  that  are  inordinate  can  not  be  made 
ordinate  at  the  will  of  the  legislator.  This  is  what  St. 
Thomas  (I.e.)  means,  and  other  theologians  after  him, 
when  they  say  that  frequently  religious  commit  sin  by 
violating  their  Rule,  even  when  it  does  not  directly  l)ind 
under  sin. 


A  RELIGIOUS  LEGATEE 

Caius  religiosiis  visitabat  Titium  anticjuiim  suum 
amicum  qucm  moribuiidum  iiivciiit.  Caium  discessurum 
revocabat  Titiiis  ct  dicobat  se  ei  legasse  in  testamcnto 
mille  libras  sterlinas.  Caius  jam  pctierat  suam  ex  OiiUik^ 
dimissionem  quam  infra  paiicas  hebdomadas  locum 
habituram  cxpcctabat,  uncle  rog^iAit  Titium  ut  curaret 
legatum  solvendum  cuidam  mensa)  argentaria)  sibi  tra- 
dendum  quandocumque  illud  peteret.  Post  dimissionem 
acceptam  Caius  legatum  petiit  ac  recepit,  anxius  tamen 
utrum  licite  et  valide  nccne,  dc  quiestione  confessarium 
consuluit.     Unde  qua}ritur: 

L  Quid  sit  votum  paupertatis  et  quinam  sint  ejus 
effectus? 

2.  Quomodo  gravitas  peccatorum  contra  paupertatem 
mensuretur? 

3.  Quid  ad  casum? 

Solution' 

1.  What  is  the  religious  vow  of  jioverty  and  what  arc 
its  effects? 

The  essence  of  religious  poverty  consists  in  the  voluntary 
renunciation  of  personal  and  independent  ownei-shij)  and 
use  of  property  for  love  of  Jesus  Christ.  The  effects  of 
the  solemn  vow  differ  from  those  of  the  simple  vow.     The 

67 


68  CASES  OF  CONSCIENCE 

effects  of  the  solemn  vow  are  to  render  the  Religious 
incai)ab]e  of  individual  and  personal  ownership  of  any 
property  that  has  money  value.  The  simple  vow  does 
not  d('i)rivo  the  Religious  of  the  direct,  but  of  the  indirect 
ownership  of  })ro[)erty;  so  that  he  can  not  lawfully  use 
or  dispose  of  anything  that  has  a  money  value  without 
the  leave  of  his  superior. ^ 

2.  How  is  the  gravity  of  sins  against  poverty  measured? 

By  the  same  rule  that  measures  the  gravity  of  sins  against 
justice,  for  as  the  malice  of  theft  consists  in  taking  what 
belongs  to  another  against  his  reasonable  wish,  so  the 
maUce  of  sins  against  religious  poverty  consists  in  dis- 
posing of  property  without  leave  of  the  Superior  against 
one's  promise  made  to  God  and  against  that  Superior's 
wish  .2 

3.  The  case.  If  Caius  was  under  solemn  vows  at  the 
time  when  the  legacy  was  paid  in  to  the  bank  at  his  request 
he  has  no  right  to  keep  the  money  except  with  the  leave 
of  the  Order  to  wliich  he  belonged.  For  in  that  case 
the  legacy  belongs  to  his  Order:  Quidquid  monachus 
a^quirit  non  sibi  sed  monaslerio  acquirit.  If,  liowever, 
he  was  only  under  simple  vows  he  was  capable  of  receiving 
the  legacy  validly,  as  his  personal  property,  and  he  may 
keep  the  money  as  his.  AVhether  in  accepting  the  legacy 
he  sinned  or  not  against  his  vow^  of  poverty  depends  on 
w^hether  he  had  at  least  the  reasonably  presumed  leave  of 
his  superior  or  not. 

'  Manual  of  Moral  Theology,  vol.  i,  p.  049  f. 
2  Ibid.,  p.  651. 


VARIOUS  QUESTIONS  ON  POVERTY 

Caius  religiosus  a  suo  corifessario  qiiaerit  utriim  violatio 
adsit  paupertatis  rcligiosa)  vel  peccatum  in  aliquo  ex 
sequentibus  a  se  actis.  (a)  Quinque  libras  sterlinas 
accepit  ah  amico  distribuendas  pauperibus,  quas  distribuit 
sine  iilla  superioris  licentia.  (h)  Pctiit  ab  amico  ut 
expensas  educationis  cujusdam  pueri  solveret,  annuit 
amicus  ea  conditionc  ut  gummas  requisitas  toties  Caius 
ab  ipso  peteret  et  solveret;  quod  fecit  etiam  inconsidto 
superiore.  (c)  A  saccrdotc  seculari  qui  onerabatur  ]^lu- 
ribus  Missis  pro  stipendio  cclcbrandis  quam  celebrare 
posset,  rogabatiu'  ut  duodecim  accipcret  gratis  celcbrandas, 
quod  fecit  iterum  inconsulto  superiore.  (d)  Quum  su- 
perior proliibuisset  quominus  uncjuam  sui  subditi  extra 
domum  sine  expressa  licentia  pranderent,  laute  apud 
amicum  inscio  superiore  prandit.     Unde  qua^ritur: 

1.  Ad  (juid  obliget  votum  paupertatis  religiosa)? 

2.  Quale  peccatum  sit  violatio  paupertatis? 

3.  Quid  ad  casum? 

Solution 

1.  To  what  does  the  vow  of  religious  poverty  oblige? 

The  vow  of  poverty  obliges  the  Religious  not  to  exercise 
any  aCt  of  ownership  with  regard  to  things  that  have  a 
money  value  without  the  leave  of  the  superior. 

69 


70  CASES  OF  CONSCIENCE 

2.  A\'hat  sort  of  a  sin  is  a  breach  of  poverty? 

Of  its  kind  a  breach  of  poverty  is  a  mortal  sin,  but  it 
may  be  venial  for  hghtness  of  matter.  Matter  which  is 
grave  in  theft  is  also  grave  in  violations  of  poverty. 

3.  The  cases,  (a)  Caius,  a  Religious,  received  from  a 
friend  £5  for  his  poor,  and  distributed  the  money  with- 
out the  Superior's  permission.  If  he  distributed  it  as 
his  own  in  his  own  name  he  violated  poverty;  otherwise, 
if  he  acted  merely  as  the  almoner  of  his  friend.  Often 
ReHgious  are  forbidden  by  rule  to  keep  money,  and  if 
the  Order  to  which  Caius  belonged  had  such  a  rule,  he 
broke  it  by  having  money  in  his  keeping.  (6)  In  asking 
a  friend  to  pay  for  a  boy's  education  and  acting  as  his 
intermediary  Caius  did  not  violate  poverty.  There  was  no 
act  of  ownership  in  the  matter.  We  suppose  that  Caius 
did  not  make  himself  liable  for  the  money,  (c)  Caius 
did  not  sin  against  poverty  by  promising  to  say  twelve 
Masses  gratis  for  the  secular  priest.  He  merely  disposed 
of  his  Mass,  which  he  may  do  without  violating  poverty. 
{(1)  Against  the  express  orders  of  his  Superior,  Caius  took 
dinner  with  a  friend  outside  the  monastery.  He  sinned 
against  obedience  and  also  against  poverty,  according 
to  the  common  opinion.  For  without  the  leave  of  his 
superior  he  disposed  of  food,  a  thing  which  has  money 
value.  Lugo  excuses  him  from  a  violation  of  poverty 
on  the  ground  that  one  who  eats  a  dinner  merely  passively 
receives  a  benefit;  but  it  may  be  replied  that  one  who 
eats  a  good  dinner  is  by  no  means  merely  passive. 


A  MEDDLING  LAWYER 

Caius  S.  J.  saccrdos  cliim  cxcrcitia  spiritualia  tradohat 
in  quodam  conventu  monialium  quae  ex  approbatione 
S.  Sedis  vota  simplieia  emittebant,  a  superiorissa  rogaba- 
tur  utnuu  sui  convent  us  monialis  hatred! tatem  ex  patre 
intestato  adirc  posset,  nam  jurisperitus  catholicus  cujus 
consiliis  utebatur  oonventus  id  negabat,  ductus,  ut  aicbat, 
exemplo  rccenti  apud  Jesuitas  (luorum  ctiam  crat  juris- 
peritus. Caius  resi)ondit  esse  optanduni  ut  jurisperitus 
ad  consilium  danduni  de  l(>gis  Anglicic  prajscriptis  se 
restringeret,  nee  legem  ecclesiasticam  attcntarct;  nam 
(luatenus  etiam  professi  in  >Socictate  Jesu  pro  monastcrio 
l(>gata  acciperc  possint,  haereditas  vero  sensu  legis  Anglicse 
potius  legato  (juam  luereditati  juris  Romani  correspondeat, 
nihil  impcdire  (juominus  i)rofessi  S.  J.  in  Anglia  etiam 
hirreditatcs  pro  monasterio  adeant.     Unde  qucuritur: 

L  Quid  sit  paupertas  religiosa  ct  (luinani  sint  ejus 
effcctus  ex  ipsa  rei  natura? 

2.  Quinam  sint  effectus  jjuupertatis  religiosic  ex  legis 
eeclesiasticie  dispositione? 

3.  Quid  de  scntentiis  legisperiti  et  Caii? 

SOLUTIOX 

L  What  is  religious  ])ov(>rty  and  wliat  are  its  natural 
effects? 

71 


72  CASES  OF  CONSCIENCE 

The  fii'st  part  of  this  (iiu^jstion  is  answered  above,  p.  67. 

The  effects  which  follow  from  the  nature  of  religious 
po\'(>rty  may  bo  summed  up  by  saying  that  one  who  has 
taken  a  vow  of  poverty  can  not  lawfully  accept,  dispose 
of,  or  use  any  property  without  leave  of  his  superior. 
Acts  of  ownership  are  unlawful,  not  invalid. 

2.  What  are  the  effects  of  religious  poverty  which  are 
due  to  ecclesiastical  law? 

The  personal  incapacity  of  one  who  is  solemnly  professed 
to  own  property,  and  the  conseciuent  invalidity  of  acts 
of  ownership  exercised  by  him,  are  effects  of  positive  law. 
Similarly,  that  one  who  has  a  simple  vow  may  retain  the 
direct  ownership  of  property,  but  that  its  income  must 
be  spent  and  not  allowed  to  accumulate,  is  due  to  positive 
law.  To  the  same  source  is  due  the  rule  that  whatever 
a  Religious  acquires  he  acquires  for  his  monastery,  not 
for  himself;  and  the  special  rule  of  some  Orders  by  which 
the  solemnly  professed  can  not  accjuire  anything  by  inher- 
itance or  operation  of  law  even  for  their  monasteries. 

3.  The  case.  The  rebuke  administered  to  the  lawyer 
by  Caius  was  not  undeserved.  It  by  no  means  follows 
that  because  a  professed  Father  of  the  Society  of  Jesus 
can  not  succeed  to  property  left  by  an  intestate  relative, 
tliercfore  a  nun  with  only  simple  vows  can  not  do  so. 
In  fact  such  property  becomes  hers,  but  she  can  not  dis- 
pose of  it  or  administer  it  without  leave  of  her  Superiors. 
There  is  some  foundation  for  what  Caius  says  about  the 
difference  between  an  inheritance  in  Roman  and  in  English 
law.  The  heir  in  Roman  law  represented  the  person 
of  the  deceased  and  succeeded  to  all  his  rights  and  obliga- 
tions. Hence  one  good  reason  why  a  Religious  should 
not  succeed  as  heir.     In  English  law  the  executor  or  per- 


A  MEDDLING  LAWYER  73 

sonal  representative  is  more  ukin  to  the  Roman  heir  than 
is  the  Enghsh  heir-at-law.  Still  in  practice  Jesuits  who 
have  taken  their  last  vows  are  lield  incapable  of  succeed- 
ing to  property  that  would  devolve  upon  them  by  opera- 
tion of  law  if  they  had  not  taken  their  last  vows.  ICntailed 
property  and  property  of  intestates  come  under  the  rule, 
but  not  legacies. 


A  WIDE  INTERPRETATION  OF  THE  RULE 

Caius  religiosus  medicum  consulturus  ad  civitatem 
adiit  expensis  itineris  et  prandii  in  civitatc  comedendi 
a  superiore  acceptis.  Ipse  vero  amiciim  quemtlam  in 
civitate  invisit  et  apud  eum  lautissime  pransus  et  tessera 
pro  via  ferrea  primee  classis  ad  domum  redcundum  munitus 
pecimiam  pro  prandio  et  reditu  a  superiore  acceptam 
cigarris  emcndis  consumpsit,  licentiam  enim  ut  sibi  dixit 
pro  rebus  parvis  acceperat.  Postea  tamen  cigarris  con- 
sumptis  angi  scrupulis  incepit  prsesertim  quum  amicus 
plus  quam  libram  sterlinam  in  eum  expendisset.  Unde 
quaeritur : 

1.  Qualis  licentia  superioris  religiosum  excuset  a  viola- 
tione  paupertatis? 

2.  Quale  peccatum  committant  religiosi  qui  pauper- 
tatem  violent? 

3.  Quid  ad  casum? 

Solution 
1.  What  sort  of  leave  of  the  Superior  excuses  a  ReUgious 
from  a  violation  of  poverty? 

Express,  virtual,  and  tacit  leave  certainly  are  sufficient 
to  excuse  a  Religious  from  committing  sin  when  he  dis- 
poses of  property.  Presumed  leave  is  also  sufficient  if 
the  Superior  can  not  be  asked.    Whether  it  is  sufficient 

74 


A    WIDE  INTERPRETATION  OF  THE  RULE  75 

or  not  when  the  Superior  can  be  <;;ot  at  but  is  not  asked 
on  account  of  the  trouble  it  involves,  or  for  some  similar 
reason,  is  a  disputed  jjoint.  Pi-(jbaljly  it  is  sufficient,  be- 
cause a  Religious  who  acts  with  the  presumption  that  the 
Superior  woukl  give  his  consent  if  he  were  asked  does  not 
act  independently  of  his  Superior;  he  docs  not  exercise 
an  act  of  private  ownei-ship.  \'enial  sin,  liowever,  may  be 
committed  even  then,  because  the  Superior  is  unwilling 
that  leave  should  be  presumed  without  necessity,  though 
he  would  grant  it  if  he  were  asked. ^ 

2.  What  sort  of  sin  do  Religious  who  violate  poverty 
commit? 

This  question  was  answered  above,  p.  70. 

3.  The  case.  Caius  dined  with  his  friend  without 
leave  of  his  Superior.  If  this  act  was  against  the  will" 
of  his  Superior  so  that  he  had  not  even  presumed  leave, 
he  sinned  against  poverty  according  to  the  conunon  opinion, 
as  was  said  above.  In  accepting  a  first-class  ticket  for 
his  railway  journey  back,  he  did  not  violate  poverty  any 
more  than  he  would  have  done  if  his  friend  had  driven 
him  back  in  his  carriage.  In  buying  cigars  with  the 
money  saved,  he  sinned  against  poverty,  for  he  used  the 
money  as  his  own  without  any  leave  of  his  superior.  It 
would,  however,  only  be  a  venial  sin,  for  the  matter  was 
not  very  grave,  and  the  transaction  cost  the  monastery 
nothing. 

*  G^nicot,  vol.  ii,  n.  94. 


10 

THE  VOW  OF  CHASTITY 

Catharixa  monialis  professa  in  quadam  Congregatione 
religiosa  confitetiir  cum  magna  difficultate  et  post  multas 
ambages  se  contra  secundum  votum  deliquisse  pravis 
cogitationibus  indulgendo  et  etiam  se  impudice  tangendo; 
ex  aliis  ejus  dictis  colligit  Titius  confessarius  eam  seminis 
effusionem  procurasse  aliquando  ut  asserit  nullo  modo 
ad  voluptatem  capiendam  sed  tantum  ad  prmitum  sedan- 
dum.  Quo  audito  Titius  ei  dieit  sufficere  intaliljus  tactum 
impudicum  confiteri.     Unde  quseritur: 

1.  Quod  sit  objectum  voti  religiosi  castitatis  et  num 
actus  internes  comprehendat? 

2.  Num  specie  distinctum  peccatum  mollitiei  tum  apud 
viros  tum  apud  mulieres  detur? 

3.  Num  unquam  liceat  seminis  effusionem  extra  usum 
matrimonii  procurare? 

4.  Quid  ad  casum? 

Solution 

1.  Quod  sit  objectum  voti  religiosi  castitatis  et  num 
actus  intemos  comprehendat? 

"  Vote  castitatis  ob  motivum  religionis  non  solum  pro- 
hiberi  extemos  actus  luxurise,  sed  quemlibet  etiam 
internum,  adeo  compertum  est  apud  omncs  ut  in  eo 
immorari  necesse  non  sit,"   ait   Lehmkulil    (I,    n.   687). 

76 


THE  VOW  OF  CHASTITY  77 

2.  Num  specie  distinctum  peccatum  mollitioi  turn 
apud  viros  turn  apud  mulieres  detur? 

"  Etiam  in  fciniiiis  datur  pollutio  (juse  a  venerea  volup- 
tate  inconipleta  specifice  diffcrat,  ideoque  in  confessione 
distincte  accusanda  sit.  Ita  opinamur  eiim  communi 
doctrina  etiam  recentiorum,"  inciuit  Genicot  (I.  n.  390). 

3.  Num  unquam  liceatseminis  effusionem  extra  usum 
matrimonii  procurare? 

Quatcuus  seminis  effusio  voluntaria  extra  concubitum 
maritalem  est  graviter  et  intrinsece  mala  nunquarn  licet 
illam  directe  procurare. 

4.  Ad  casum.  Ad  integre  confitendum  debet  Catliarina 
declarare  quoties  pravis  cogitationibus  indulserit,  et 
quoties  impudice  sese  tetigerit.  Procurabat  seminis  effu- 
sionem seu  i)lenam  delcctationem  vencream  ad  pruritum 
sedandum  non  ad  voluptatem  capiendam.  (^uatenus 
tamen  seminis  effusio  directe  quaerebatur  taraquam 
medium  ad  fincm,  et  illud  medium  est  intrinsece  et  graviter 
malum,  mortaliter  Catliarina  pecca\it.  Ait  Lehmkuhl 
(I,  p.  58G),  nota:  "  Pollutionem  non  permittere  solum  sed 
procurai'c  vel  intendere,  secundum  S.  Alphonsum,  (III, 
476),  omnes  damnant  mortalis  peccati,  etsi  fieret  sanitatis 
vel  servanda?  \atie  causa.  Quare  distinctio  inter  pollu- 
tionem physiologicam  et  moralem,  (juasi  ha^c  sola,  qua; 
voluptatis  causa  fiat,  illicita  sit.  licita  ilia,  si  voluptatis 
intentio  et  approbatio  desit,  i)lan(>  excluditur." 

Ex  dictis  sequitur  per  se  non  sufficere  etiam  feminas 
confiteri  tantum  impudicum  tactum  quando  completa 
voluptas  venerea  est  admissa.  Attamen  mulierem  con- 
fitentem  tactum  impudicum  non  tenetur  confcssarius 
interrogare  utrum  i)ollutioneni  admiserit,  nam  ut  ait 
Genicot,   citans  Berardi :    "  Rectc  scribit   Berardi    (Prax. 


78  CASES  OF  CONSCIENCE 

conf.  n.  851) :  '  Dicente  pcnitcnte  Me  tetigi,  si  constet 
quod  vcre  nialitiose  se  tetigcrit,  praesumendum  est, 
quod  actum  ad  fincm  suum  naturalem  perduxerit;  unde 
(sivc  dc  viris,  sive  de  feminis  agatur)  interrogationes  de 
re  ista  omitti  posse  dicerem.  Verum  est  quod  aliqui 
actum  interrumpunt.  ctsi  malitiose  ilium  inceperint, 
sed  exinde  confessarii  obligari  nequeunt  ut  omnibus  et 
singulis  qui  se  tetigisse  confiteantur,  circa  banc  ipsam 
interruptionem  in  confessionibus  ordinariis  interrogationes 
superaddant.'  "  ^ 

^  Genicot,  vol.  i,  n.  396. 


11 

SOLEMNITY  OF  VOWS 

Caius  religiosus  soleimiiter  professus  post  pracdicationem 
cum  plausu  omnium  factam  in  ecclesia  quadam  scculari 
rogatur  a  Paulo  missionario  qui  isti  ecclesise  inservit, 
ut  iterum  tempore  Paschatis  ibidem  praedicet,  nee  ullas 
excusationes  accipere  Paulus  vult.  Caius  igitur  serio 
promittit  se  venturum,  attamen  domum  reversus  recor- 
datus  sententise  Doctorum  juxta  quam  votum  solemne 
reddit  invalidam  omnem  obligationem  a  subdito  indepen- 
denter  a  voluntate  supmoris  susceptam  dubitat  utrum  ad 
quidquam  ratione  promissionis  obligetiu".     Undc  quaeritur: 

1.  In  quo  consistat  solemnitas  votorum? 

2.  Quodnam  discrimen  intercedat  inter  votiun  simplex 
et  solemne  obedientise? 

3.  Quid  ad  casum? 

Solution 

1.  In  what  does  the  solemnity  of  vows  consist? 

This  is  a  disputed  question  among  canonists  and  divines. 
The  better  opinion  seems  to  be  that  it  consists  in  a  certain 
efficacy  by  which  a  Religious  who  is  solemnly  professed 
is  thereby  firmly  and  perpetually  devoted  and  bound  to 
the  service  of  God  in  religion  and  to  his  Order.  It  may 
be  called  a  consecration  with  St.  Thomas.^ 

^  Lehmkuhl,  vol.  i,  n.  G47. 
79 


80  CASES  OF  CONSCIENCE 

2.  ^^^lat  is  the  difference  between  a  solemn  and  simple 
vow  of  obedience? 

All  must  admit  that  there  is  a  difference  inasmuch  as 
the  solenm  vow  is  dispensed  with  greater  difficulty  than  the 
simple  vow.  Besides  this  greater  firmness  in  the  solemn 
vow,  some  authors  maintain  that  the  solemn  vow  renders 
the  Religious  incapable  of  binding  himself  by  promise 
or  contract  except  with  leave  of  his  Superior,  while  the 
simple  vow  does  not  render  a  Religious  incapable  of  bind- 
ing himself,  but  he  can  not  bind  himself  lawfully  inde- 
pendently of  the  will  of  the  Superior  who  can  annul  the 
obligation.  Other  authors  deny  that  there  is  such  a  dif- 
ference between  the  solemn  and  the  simple  vow  of  obedience, 
though  it  certainly  exists  between  the  solemn  and  simple 
vow  of  poverty.     Genicot,  vol.  ii,  n.  103. 

3.  The  case.  Caius,  a  solemnly  professed  Religious, 
seriously  promised  a  secular  priest  to  come  and  preach 
for  him.  The  promise  was  made  without  his  Superior's 
knowledge,  but  not  against  his  orders.  Caius  would 
certainly  be  bound  by  such  a  promise  to  do  what  in  him 
lay  to  fulfil  his  engagement.  The  utter  invalidity  of  such 
promises  made  by  one  who  is  solemnly  professed  is  not 
necessary  for  the  end  of  religious  life,  and  it  can  not  be 
show^n  to  exist.  Caius  therefore  should  tell  his  Superior 
of  his  promise,  and  unless  the  Superior  uses  his  authority 
to  forl)id  him,  he  should  fulfil  it. 


THE  SACRAMENTS 
THE  SACRAMENTS  IN  GENERAL 

1 

REVIVISCENCE  OF  THE  SACRAMENTS 

Petrus  missionai-ius  ad  moribuiidum  vocatus  eumdem 
ultimis  sacramentis  ct  l)cncdictione  in  articulo  mortis 
munivit.  E  cubiculo  moribundi  post  sacramcnta  admin- 
istrata  egressui'us  rcvocabatur  Pctriis  a  moribiindo  qui 
diccbat — Pater  malam  confcssioiu^in  feci.  Coiifossione 
itcrum  audita  ac  absolutione  data,  Petrus  dubitabat 
utrum  cetera  sacramenta  ac  benedictionem  iterare  necne 
deberet.     Unde  qua?ritur: 

1.  Quid  sit  sacramentum  informe  et  formatum? 

2.  Num  remoto  obicc  sacramentum  informe  reviviscat? 

3.  Quandonam  l)enedictus  in  articulo  mortis  bene- 
dictione   papali   indulgentiam  lucretur? 

4.  Quid  ad  casum? 

Solution 

1.  \Miat  is  a  formed  and  unformed  sacrament? 

A  formed  sacrament  not  onl}'  has  everything  required 
for  its  vahdity  Init  the  ro(iuisite  dispositions  are  present 
in  the  recipient,  so  that  it  pro(hices  grace  when  it  is  received. 
An  unformed  sacrament  is  vahdl}'  received,  but  for  want 

81 


82  CASES  OF  CONSCIENCE 

of  the  necessary  dispositions  in  the  recipient  it  does  not 
at  the  time  produce  grace  in  the  soul.^ 

2.  Does  an  unformed  sacrament  produce  grace  when 
the  impediment  to  grace  is  removed? 

Baptism,  Confu-mation,  Order,  when  received  unformed, 
according  to  the  common  opinion,  produce  gTace  in  the 
soul  on  removal  of  the  obstacle.  Many  authorities  teach 
the  same  with  respect  to  Matrimony  and  Extreme  Unction. 
Penance  probably  docs.     The  Eucharist  does  not.^ 

3.  \Mien  does  the  last  blessing  take  its  effect? 

The  last  blessing  takes  effect  at  the  moment  of  death. 
It  may  be  given  immechately  after  Extreme  Unction  and 
then  its  effect  is  suspended  until  the  moment  when  death 
takes  place. -"^ 

4.  The  case.  Peter,  a  missionary,  had  given  a  dying 
man  the  last  sacraments  and  the  papal  blessing.  "When 
he  was  leaving  the  room  the  dying  man  called  him  back 
and  told  him  that  the  confession  which  he  had  just  made 
was  a  bad  one.  Peter  heard  his  confession  again  and 
absolved  him,  but  was  in  doubt  as  to  whether  he  should 
repeat  the  other  sacraments  and  the  papal  blessing.  He 
should  not  repeat  Extreme  Unction  for  it  can  be  received 
only  once  in  the  same  sickness,  and  the  doctrine  of  re\dv- 
iscence  makes  repetition  unnecessary.  Nor  need  he  repeat 
the  last  blessing,  for  it  will  take  its  effect  at  the  moment  of 
death.  He  may  and  should  administer  Holy  Communion 
again  for  the  previous  Holy  Communion  was  sacrilegious. 

'  Manual  of  Moral  Theology,  vol.  ii,  p.  17. 

2  Ibid.,  p.  18. 

'  Lehmkuhl,  vol.  ii,  n.  709. 


THE    MINISTER  OF   THE    SACRAMENTS 

Caius  missionarius  sacerdos  ct  rcligiosus  Titii  amici 
iCgToti  11011  tamen  pcriculosc  decumlx'iitis  qui  in  districtu 
Julii  saccrdotis  secularis  dcgebat  confessioncm  domi  ipsius 
audicbat  ct  ipsum  sacra  communionc  rcficicl^at.  Quod 
quum  Julius  audisset  scripsit  Caio  ha3c:  Nisi  ignorasset 
legem  ecclesiasticam  ([ux  a  piopiio  sacerdotc  sacramenta 
esse  suscipienda  prajscribat  eum  non  extra  districtum  ipsi 
assignatum  sacramenta  administraturum.  Caius  se  quid- 
quam  contra  ullam  legem  ecclesiasticam  fecissc  negabat, 
ac  si  vigeret  lex  ecclesiastica  aliqua  communis  qua)  pra3- 
scriberet  sacramenta  a  parocho  esse  petenda,  eam  mis- 
sionarios  quales  in  Anglia  habemus  non  afficere  aflfirmabat. 
Unde  quseritur: 

1.  Num  sacramenta  sint  administranda  a  proprio 
parocho  ex  jure  communi  et  a  quasi-iiarocho  in  hac  regione? 

2.  Num  detur  lex  specialis  qua)  religiosos  quominus 
Eucharistiam  ministrent  prohibeat? 

3.  Quid  ad  casum? 

Solution 

1.  Are  the  sacraments  to  be  administered  by  one's 
own.  parish  priest  according  to  the  common  law.  and  by 
the  priest  who  has  charge  of  the  district  in  England  and 
America? 

83 


84  CASES  OF  CONSCIENCE 

The  parochial  sacraments  of  Baptism,  Extreme  Unc- 
tion, Marriage,  the  Easter  Communion,  and  Maticum 
must  be  so  administered  according  to  the  common  law. 
Penance  may  be  administered  by  any  priest  who  has 
faculties  in  the  place  where  the  confession  is  heard.  In 
England  and  in  the  United  States  the  Easter  Communion 
according  to  present  discipline  may  be  made  in  any  church 
or  public  oratory. 1 

2.  Is  there  a  special  law  which  forbids  Religious  to 
administer  the  Eucharist? 

Religious  strictly  so  called  are  forbidden  under  pain  of 
excommunication  reserved  to  the  Pope  from  administer- 
ing Extreme  Unction  or  the  Eucharist  as  Viaticum  to  the 
clergy  or  laity  except  in  case  of  necessity  without  leave 
of  the  parish  priest.^ 

3.  The  case.  No  objection  could  lawfully  be  made  to 
Caius  hearing  the  confession  of  Titius,  his  sick  friend. 
The  faithful  have  a  perfect  right  to  go  to  confession  to 
any  priest  who  has  faculties  in  the  place.  With  regard 
to  Holy  Communion  there  is  more  difficulty.  Whenever 
Holy  Communion  is  of  precept,  as  is  the  Easter  Communion 
and  the  Viaticum,  it  is  jw  se  a  parochial  sacrament,  and 
Religious  are  specially  forbidden  to  administer  it.  How- 
ever, in  the  case,  communion  was  not  of  precept,  but 
of  devotion.  To  carry  the  Blessed  Sacrament  publicly 
to  the  sick  is  reserved  to  the  parish  priest.  In  English- 
speaking  countries  it  is  not  carried  publicly  to  the  sick, 
and  some  authors  maintain  that  in  such  places  Regulars 
may  carry  Holy  Communion  to  the  sick  in  secret  unless 
the  Bishop  prohibits  it.     In  England  the  Bishops  make 

1  Manual  of  Moral  Theology,  vol.  i,  p.  627. 

2  Manual  of  Moral  Theology,  vol.  ii,  p.  40G. 


THE  MINISTER  OF  THE  SACRAMENTS  85 

known  their  wish  that  Holy  Communion  should  not  be 
carried  to  the  sick  by  Regulars  or  others  without  the 
permission  of  the  priest  of  the  district.  The  Society  of 
Jesus  has  a  special  privilege  in  this  matter  for  use  in  the 
Missions  under  Propaganda. 


A   SHEEP   THAT    STRAYED   INTO   THE    FOLD 

Julius  recenter  institutus  missionarius  in  quodam  dis- 
trictii  in  Anglia  visitabat  Catharinam  viduam  satis  pro- 
vectse  setatis.  Julio  interroganti  utrum  esset  Catholica 
affirmabat,  at  simul  dicebat  se  aliquando  fuisse  Anglicanam. 
"A  quonam  fuisti  in  Ecclesiam  recepta?"  rogat  Julius. 
"  A  nemine,  sed  veni,"  respondit  altera,  ''  semper  enim 
Anglicana  audi\i  utramque  esse  essentialiter  eamdem 
Ecclesiam  Christi,  unde  incepi  ad  vestram  ire  ecclesiam 
ubi  singulis  mensibus  sacramenta  recipio,  nunc  enim  sum 
vera  catholica  et  scio  Anglicanismum  hseresi  et  schismate 
esse  infectum."  Rogata  ulterius  utrum  fuisset  baptisata, 
dicebat  se  supponere  id  sibi  infanti  esse  factum  in  ecclesia 
protestantica  vicina  ad  quam  pertinuisset,  parentes  vero 
religionem  fere  neglexisse.  Nihil  aliud  dicebat  Julius 
Catharinse  sed  inquirebat  a  ministro  utrum  ejus  nomen 
fuerit  in  registro  baptisatorum  istius  ecclesise  protes- 
tanticse,  et  quum  nullum  illius  indicium  fuerit  inventum, 
pergebat  ad  domum  Catharinae  quam  inveniebat  subito 
morbo  correptam  et  sensibus  destitutam.  Vellet  scire 
quid  a  se  sit  in  casu  faciendum;  et  quid  si  Catharina 
convalescat.     Unde  quseritur: 

1.  Quinam  possit  valide  et  licite  sacramenta  recipere? 

2.  Quaenam  sit  relatio  baptism!  ad  cetera  sacramenta? 

86 


A  SHEEP  THAT  STRAYED  INTO  THE  FOLD         87 

3.  (^uid   l';iricii(liiiii   ciini   (|iiis  in  Ecclosiam  recipiatur? 

4.  (^uid  ad  casuin? 

SOLIITION 

1.  A\'li()  can  I'cceivo  the  sacraments  valklly  and  lawfully? 
In  adulls    Ihc    intention   to  receive  the  sacraments   is 

necessary  for  their  validity.  For  the  lawful  reception  of 
the  sacraments  of  the  livinii;  the  state  of  grace  is  necessary, 
and  for  the  lawful  reception  of  the  sacraments  of  the  dead 
faith,  hope,  and  attrition.  No  intention  or  disposition 
is  necessary  in  those  who  ha^'e  not  the  use  of  reason  for 
the  reception  of  the  sacraments  of  which  they  are  capable. ^ 

2.  "What  is  the  relation  of  Baptism  to  the  other 
sacraments? 

The  \'alid  reception  of  Baptism  is  necessary  for  the 
valid  reception  of  the  other  sacraments.- 

3.  What  is  to  be  done  when  a  convert  is  received  into 
th(>  Church? 

Incjuiry  must  first  be  made  about  the  baptism  of  the 
new  convert.  If  it  is  certain  that  he  has  never  been 
baptized,  after  a  profession  of  faith  he  should  be  baptized 
absolutely.  If  it  be  doubtful  whether  he  was  ever  baptized 
he  must  make  a  profession  of  faith,  be  baptized  condi- 
tionall}'  in  private  with  holy  water  without  the  ceremonies 
in  PJngland,  be  conditionally  absolved  from  censures, 
and  then  from  sin  after  a  full  confession  of  his  whole  life. 
If  he  has  been  validly  ba})tizcd  already,  he  should  make 
a  jirofcssion  of  faith  and  be  absolved  from  censm*es.3 

4.  The     case.      One    may    seriousl}'    doubt    whether 

1  Manual  of  Moral  Theology,  vol.  ii,  p.  41  ff. 

2  Ibid.,  p.  41. 

•■'Form  for  the  Reception  of  a  Convert,  edited  by  the  Bishop  of 
Newport. 


88  CASES  OF  CONSCIENCE 

Catherine  had  ever  been  baptizetl.  She  herself  supposed 
that  she  had  been,  but  she  had  no  positive  information 
on  the  point;  her  parents  were  careless  about  relif^ion, 
and  her  name  was  not  to  be  found  in  the  parish  register. 
She  should  therefore  be  baptized  conditionally  again. 
If  she  is  in  danger  of  death,  this  should  be  done  at  once, 
though  she  is  not  conscious,  and  then  she  should  be  absolved 
conditionally  and  anointed.  If  she  is  not  in  danger  of 
death,  the  priest  should  do  nothing  till  she  recovers.  After 
recovery  in  any  case  she  should  be  formally  received  into 
the  Church  according  to  the  method  described  above, 
for  as  she  had  not  formed  an  express  intention  of  receiving 
Baptism,  the  validity  of  the  Baptism  administered  while 
she  was  unconscious  would  be  doubtful,  even  if  she  had 
not  been  baptized  in  infancy.  Whether  the  sacraments 
which  she  had  been  in  the  habit  of  receiving  every  month 
were  valid  or  not  would  depend  on  \Aliether  she  had  been 
validly  baptized  Her  recc^^tion  of  them  was  not  lawful, 
but  her  good  faith  excused  her. 


4 

THE  INTENTION  TO  RECEIVE  BAPTISM 

Paulus  Anglicanus  ad  fidem  Catholicam  conversus  et 
sacerdotio  aiictus  nihil  magis  in  votis  habebat  quam  ut 
patrcm  in  ecclesiam  reciperet.  Quiim  de  fide  Catholica 
cum  patre  colloqueretiir  hie  semper  finem  discursui  im- 
posuit  dicendo:  "  Nee  volo  nee  nolo  eonverti;  sed  si 
tibi  consolationi  erit  potes  me  ante  mortem  baptisare:" 
nam  dubie  tantum  erat  infans  baptisatus.  Quodam  die 
nuntiiim  accepit  Paulus  patrem  graviter  segrotare.  ad 
quem  cjuum  festinasset  eum  jam  intra  hora'  spatium 
mortuum  invenit.  Sine  mora  sub  conditione  patrem 
baptisatum  aljsolvit  et  unxit  jjuritei'  sub  conditione. 
Unde  q  uteri  tur: 

1.  C^ualis  intentio  HMjuiratur  in  subjecto  sacrament orum? 

2.  Quomodo  mors  ap])arens  a  morte  reali  distingui 
possit? 

3.  Quid  ad  casum? 

Solution 

1.  \Vliat  sort  of  inteiition  is  i-(M[uire(I  in  llie  sul)ject 
of  the  sacraments? 

A  neutral  intention  is  not  sufficient.  In  order  that 
Baptism  may  be  certainly  valid  tlic  aihill  to  l)e  l)aptized 
must  have  at  least  an  habitual  and  c^xpress  intention  to 
receive  the  sacrament.     An  implicit  intention  will  probably 

89 


90  CASES  OF  CONSCIENCE 

suffice.  For  Penance  and  Matrimony  a  virtual  intention 
is  ncccssar}'.  A  general  or  implicit  intention  is  sufficient 
for  the  other  sacraments.^ 

2.  How  can  apparent  death  be  distinguished  from  real 
death? 

The  absence  of  vital  functions,  breathing,  pulse,  cadaveric 
spots  on  the  body,  and  the  loss  of  their  luster  by  the  eyes, 
are  more  or  less  certain  signs  of  death.  Unequivocal 
signs  of  death  are  putrefaction,  and  cadaveric  rigidity, 
though  the  latter  does  not  always  appear  so  as  to  be 
perceptible.- 

3.  The  case.  Paul,  a  convert  and  a  priest,  wished 
greatly  to  convert  his  father,  whose  baptism  as  an  infant 
was  doubtful.  After  talking  about  conversion  the  father 
used  to  close  the  conversation  by  saying:  "  I  am  indif- 
ferent about  conversion,  but  if  it  will  be  any  consolation 
to  you,  you  may  baptize  me  before  death."  One  day 
Paul  got  a  message  that  his  father  was  seriously  ill  and 
he  hastened  off  and  found  that  he  had  died  within  an 
hour.  He  at  once  administered  baptism,  penance,  and 
Extreme  Unction  conditionally.  The  father  was  not 
in  fit  dispositions  to  be  received  into  the  Church  during 
his  life;  he  had  not  the  requisite  faith.  However,  he 
had  consented  to  be  baptized  before  death,  and  was 
presumably  in  good  faith.  According  to  recent  author- 
ities real  death,  which  is  the  separation  of  soul  and  body, 
does  not  take  place  for  some  time  after  apparent  death. 
The  length  of  the  period  between  apparent  and  real  death, 
according  to  these  authorities  varies  in  different  cases; 

*  Manual  of  Moral  Theology,  vol.  ii,  p.  42  f. 

^  Capellmann,  Pastoral  Medicine,  p.  201 :  Antonelli,  Med.  Pas- 
torales, vol.  ii,  nn.  .508  ff. 


THE  INTENTION  TO  RECEIVE  BAPTISM  91 

one  or  two  hours  is  a  safe  mean  reckoning.  Paul  is  not 
to  be  blamed  for  using  this  opinion  and  doing  all  that  he 
could  do  for  his  father's  salvation.  For  although  his 
father  luul  no  rigid  to  the  sacraments  inasmuch  as  he  was 
not  a  visible  member  of  the  Church,  yet  it  is  a  probable 
opinion  that  he  had  the  requisite  dispositions  for  being 
made  one  and  for  receiving  the  sacraments  under  con- 
dition at  death. 


5 

SIMULATION  OF  THE  SACRAMENTS 

Agnes  propter  metiun  gravem  a  patre  satis  severo 
incussum  matrimonium  cum  Alberto  cui  maxime  repugnat 
inire  promiserat.  Ipso  mane  matrimonii  ineundi  petit 
Caium  parochum  ea  intentione  ut  se  metu  coactam  esse 
declaret.  Attamen  in  ipso  confessionali  consilium  mutat, 
aliquos  defectus  manifestat  et  petit  absolutionem.  Quum 
Caius  certam  materiam  absolutionis  obtinere  nequeat, 
simplici  benedictione  earn  dimittit,  quin  tamen  quidquam 
de  absolutione  non  data  eam  moneat.  Postea  Agnes 
formam  matrimonii  init  quod  quum  postea  esse  ex  gravi 
metu  initum  legitime  fuerit  proljatum,  nullum  et  irritum 
esse  auctoritate  ecclesiastica  declaratur.  Quum  Agnes 
proxima  vice  ad  confitendum  venit  nee  quidquam  dicit 
de  matrimonio  simulato  Caius  dubius  haeret  utrum  eam 
interrogare  necne  debeat.     Unde  quseritur: 

1.  Quid  sit  sacramentum  simulare? 

2.  Num  unquam  liceat  sacramentum  simulare? 

3.  Quid  ad  casum? 

Solution 

1.  What  is  simulating  a  sacrament? 
The    29th    proposition    condemned    by    Innocent    XI 

92 


SIMULATIOX  OF  THE  SACRAMENTS  93 

asserted:  "  Urgent  and  grave  fear  is  a  just  cause  for 
simulating  the  administration  of  the  sacraments."  This 
false  proposition  was  applied  by  its  defenders  to  such  cases 
as  the  following:  To  avoid  death  a  priest  might  utter  tlie 
words  of  consecration  over  all  the  bread  in  a  baker's 
shop  without  the  intention  of  consecrating  it;  or  the 
words  of  absolution  over  an  indisposed  penitent  without 
intending  to  absolve  him ;  or  might  give  a  non-consecrated 
Host  to  one  who  was  unworthy  to  communicate.  Hence 
simulating  the  administration  of  a  sacrament  acquired 
a  technical  meaning  and  signified  the  use  of  the  matter 
or  of  the  form  of  a  sacrament  without  the  intention  of 
completing  and  making  the  sacrament.^ 

2.  Is  it  ever  lawful  to  simulate  a  sacrament? 

The  absolute  condemnation  of  the  above  proposition 
by  the  Holy  See  shows  that  it  is  never  lawful  to  simulate 
a  sacrament  either  formally,  when  deception  is  intended, 
or  materially,  when  deception  is  not  intended  l)ut  only 
permitted.  The  chief  reason  is  because  by  such  simula- 
tion a  portion  of  a  sacred  rite  instituted  by  Christ  for  the 
making  of  a  sacrament  and  the  conferring  of  grace  on  the 
souls  of  men,  is  used  without  tlie  intention  of  completing 
the  sacrament.  Such  an  illusory  use  of  a  sacred  sign  is 
greatly  injurious  to  God,  and  can  not  be  rendered  lawful 
even  by  the  pressure  of  grave  fear. 

3.  The  case.  Agnes  should  have  kept  to  her  resolution 
of  telling  the  parish  priest  the  truth  about  her  case.  Still 
she  was  not  guilty  of  simulating  the  sacrament  of  marriage, 
for  both  the  matter  and  form  of  this  sacrament  lie  in  the 
consent  of  the  parties,  and  as  Agnes  did  not  consent, 
she  did  not  simulate  marriage  in  the  technical  sense.    A 

'  Viva,  DainnatiP  theses. 


94  CASES  OF  CONSCIENCE 

fortiori  Caius  did  not  simulate  the  sacrament  of  Penance, 
for  he  dismissed  her  with  a  blessing.  Caius,  therefore, 
was  under  no  obligation  of  questioning  Agnes  about  the 
simulation  of  marriage. 


BAPTISM 

1 
BAPTISM  AT  DEATH 

Caius  in  Africa  meridionali  missionarius  instruxerat 
Titium  in  fide  Catholica  quam  Titius  quidem  credidit 
veram,  attamen  earn  amplccti  ante  mortem  noliiit.  "  Volo 
ante  mortem  baptisari,"  dieebat,  "  ut  Clmstianus  moriar 
quamvis  vivere  Christianus  non  possim."  Post  paucos 
annos  Caius  aiidicns  Titium  esse  moribuudum  ad  cum 
convolabat  quem  scnsibus  destitutum  quum  invenisset 
baptisabat.  Postea  tamcn  Titius  convalesccbat  nee  admit- 
tere  se  esse  Christianum  volebat.  (^userit  igitur  Caius 
utrum  debeat  iterum  l)aptisare  Tiliuni  si  (juando  in  pcri- 
culo  moi-tis  constituatur.     Unde  quieritur: 

1.  Qua'nam  conditiones  rc(]uirantur  ad  validitatem 
baptismi  ex  parte  subjecti? 

2.  Quaenam  conditiones  requirantm-  atl  liceitatem  bap- 
tismi ex  parte  subjecti? 

3.  Num  baptismus  reiterari  possit  vel  debeat  saltem 
sub  conditione? 

4.  Quid  ad  casum? 

Solution 

1.  \Miat   conditions   are   required    for    tlio    valitlity   of 
baptism  on  the  part  of  the  recipient? 
The  only  condition  on  the  part  of  the  recipient  wlio 

95 


96  CA6ES  OF  CONSCIENCE 

has  the  use  of  reason  that  is  requisite  for  the  vahdity  ot 
Baptism  is  a  wish  to  be  baptized.  An  habitual  wish  is 
sufficient.  In  such  as  have  never  had  the  use  of  reason, 
not  even  this  wish  is  required  for  the  vahdity  of  the 
sacrament.^ 

2.  What  conditions  are  required  on  the  part  of  the 
recipient  for  the  lawful  reception  of  Baptism? 

Faith,  hope,  and  at  least  attrition  for  sin  are  necessary 
dispositions  for  the  lawful  reception  of  Baptism. ^ 

3.  May  Baptism  be  repeated  or  ought  it  to  be  repeated 
at  least  under  condition? 

Baptism  may  and  should  be  repeated  under  condition 
whenever  there  is  prudent  doubt  whether  a  person  has 
been  validly  baptized.  Otherwise  it  should  not  be  repeated.^ 

4.  The  case.  Titius  had  expressed  a  wish  to  be  baptized 
before  death.  He  must  be  presumed  to  have  intended  to 
})rocure  Baptism  when  he  was  in  danger  of  death,  as  he 
could  not  wait  till  he  knew  whether  death  in  reality  ensued 
or  not.  Caius,  then,  acted  according  to  his  express  will 
when  he  baptized  him  on  finding  him  out  of  his  senses  and 
in  danger  of  death.  The  Baptism  was  therefore  valid 
though  afterward  Titius  would  not  acknowledge  his 
obligations,  and  it  should  not  be  repeated  if  he  again  falls 
into  the  danger  of  death. 

1  Manual  of  Moral  Theology,  vol.  ii,  p.  62. 

2  Ibid.,  p.  62. 

3  Ibid.,  p.  63. 


2 

A  YOUNG  CONVERT 

Anna  ))uella  Protestantica  duodccim  annos  nata  ct  per 
plures  annos  in  schola  clemcntari  Catholica  a  monialibus 
educata  petit  a  Titio  (lui  isti  Missioni  in  Anglia  sittc  inser- 
viebat  lit  in  cccelesiam  Catholicam  recipiatur.  Titius 
ex  responsis  siiis  qusesitis  datis  invcniteam  esse  puellam 
optima)  indolis,  satis  bene  in  rcligionc  Catholica  instrue- 
tani,  ct  fii'mam  habere  intentioncm  rehgionem  Cathohcam 
amplectendi.  Attamen  bene  scit  earn  infra  breve  tenapus 
scholam  reHcturam,  patrem  ecelesise  Cathohcam  maxime 
infensum  voknitatis  fiUa3  esse  ignarum  ct  certo  certius 
consensiim  negaturum,  et  merito  timet  ne  si  Anna  recip- 
iatur acathohci  sat  miUti  ciui  suos  hberos  ad  camdem 
scholam  mittant  de  suis  anxii  illos  a  schola  removeant. 
Dubius  igitiu'  qiia^rit : 

1.  QiuB  dispositiones  in  adultis  requirantur  ut  ipsi 
ad  baptismum  admittantm*? 

2.  Num  vel  quando  liceat  filios  familias  infidelium  vel 
hsereticorum  baptisare? 

3.  Quid  faciendum  in  casu  su})ra  cxposito? 

Solution 

Wliat  dispositions  arc  required  in  adults  that  they  may 
be  admitted  to  Baptism? 
For  valid  reception  they  must  have  the  will  to  be  bap- 

97 


98  CASES  OF  CONSCIENCE 

tized,  and  that  it  may  be  lawful  they  must  have  faith, 
hope,  and  that  sorrow  for  sin  which  is  called  attrition. ^ 

2.  Is  it  lawful  to  baptize  the  children  of  infidels  and 
heretics,  and  when? 

The  First  Council  of  Westminster  (d.  XVI,  n.  6)  says: 
"  Baptisare  potest  sacerdos  infantes  parentibus  acathoHcis 
natos,  dummodo  consensus  habeatur  eos  in  vera  religione 
esse   educandos,   et    patrinum   seu   matrinam   catholicam 
habeant."     When  children  come  to  the  use  of  reason  they 
are  their  o^ii  masters  per  se  and  independent  of  their 
parents  in  what  relates  to  religion.     However,  in  con- 
crete cases,  converts  of  tender   years   should  seldom   be 
received  unless  they  can  Ije  brought  up  amid  Catholic 
surroundings.     The    danger    of    their    afterwards    falling 
away,  of  scandal  and  the  opposition  of  parents  and  others 
must  be  considered,  lest  more  harm  than  good  be  done. 
Non-baptized  parents  are  not  subject  to  the  Cliurch  and 
St.   Thomas   teaches   that  it   would   be   against   natural 
justice  if  an  infant  of  such  parents  who  is  in  no  danger  of 
death  were  to  be  baptized  without  their  consent.^ 
3.  What  is  to  be  done  in  the  case? 
Ann,  a  girl  of  twelve,  educated  by  nuns  in  a  Catholic 
elementary  school,    asked  Titius,   the   parish   priest,   to 
receive  her  into  the  Church.     Titius  finds  out  that  she  is 
a  good  girl,  well  instructed  in  the  Catholic    faith,    and 
determined  to  become  a  Catholic.     However,  in  a  short 
time  she  will   leave  school,   her  father  is  anti-Catholic, 
would   certainly  refuse  his   consent   to  her  becoming  a 
Catholic,  and  Titius  fears  that  if  she  were  received  many 
non-Catholic  parents  would  withdraw  their  children  from 

1  Manual  of  Moral  Theology,  vol.  ii,  p.  62. 
2Ibid.,  p.  63. 


A    YOUNG  COX VERT  99 

the  school.  Under  these  cireumstances  Titias  should 
tell  Ann  tliat  he  will  receive  her  if  she  can  get  her  father's 
consent;  thai  until  she  can  do  this  she  should  foster  the 
grace  that  has  been  given  her  by  being  good,  constant  at 
her  pra3'ers,  reading  good  Catholic  books,  and  patiently 
waiting  till  she  is  older  or  can  get  her  father's  leave  to 
enter  the  Church. 


REMEMBERED  HIS  OWN  BAPTISM 

Caius  ad  fidcm  Catholicam  e  sccta  anglicana  conversus 
rogatiu-  de  suo  baptismo  a  Titio  sacerdote  eum  in  Ecclesiam 
recepturo;  "  Bene  omnes  circumstantias  recorder,"  ait 
Caius,  "  nam  Unitarianus  natus  annos  viginti  f actus  sum 
Anglicanus.  Minister  sane  Anglicanus  ante  baptismum 
mihi  explicuit  ritum  baptismi  nullius  efficacise  superna- 
turalis  esse,  tantununodo  esse  ceremoniam  externam  qua 
homines  ad  coetum  Cliristianum  sint  aggregati.  Qua 
declaratione  attonitus,  ulterius  inquirere  incepi,  et  nunc 
tandem  aliquando  in  veram  Ecclesiam  recipi  volo."  Ex 
aliis  Caii  dictis  Titius  colligit  ministrum  Anglicanum  baud 
ea  reverentia  et  attentione  esse  usum  in  l^aptismo  confer- 
endo  qua  uti  deceat,  ceterum  rite  materiam  et  formam 
adhibuisse,  dubitat  tamen  utrum  necne  saltem  sub  con- 
ditione  Caium  baptisare  debeat.     Unde  quseritur: 

1.  Qim  attentio  et  intentio  requirantur  in  sacramentis 
conferendis? 

2.  Quid  prsescribatur  quoad  baptisandos  converses 
ad  fidem  in  Anglia? 

3.  Quid  ad  casum? 

Solution 

1.  What  attention  and  intention  are  required  in  con- 
ferring the  sacraments? 

100 


REMEMBERED  HIS  OWX   BAPTISM  101 

Attention,  or  itdvcrtcnce  of  the  mind  to  wlmt  is  being 
done,  is  requisite  imder  pain  of  venial  sin  for  the  lawful 
administration  of  the  sacraments,  ])ut  it  is  not  necessary  for 
their  validity.  What  sort  of  intention  is  recjuirod  is  ox- 
plained  by  all  api)rov(>d  authors. 

2,  "WTiat  is  prescribed  with  regard  to  baptizing  converts 
in  England? 

The  First  Council  of  Westminster  (d.  XVI,  n.  7),  de- 
creed: "  Regulam  absolute  innovamus,  pra}cipientes, 
omnes  a  Protestantismo  conversos  esse  baptisandos  con- 
ditionate,  nisi  ex  inchibiis  probationibus  certissime  constat 
in  ipsorum  baptismo  omnia  rite  fuisse  peracta,  quoad 
materia?  et  forma)  applicationcm.  Hujusmodi  baptis- 
mus  non  fiat  publico  sed  omnino  privatim,  cum  aqua  lus- 
trali  et  absque  cseremoniis.  Confessio  etiam  sacramen- 
talis  semper  in  tali  casu  est  exigenda." 

From  this  decree  may  be  gathered  what  is  prescribed 
by  other  ecclesiastical  regulations:  viz.,  that  whenever 
there  is  question  of  recei\dng  any  one  into  the  Church, 
incjuiry  should  be  made  about  the  postulant's  Baptism. 
After  inquiry,  when  there  is  any  prudent  doubt  whether 
the  person  was  ever  baptized  or  whether  the  Baptism  was 
valid,  Baptism  is  to  be  administered  conditionally,  accord- 
ing to  the  method  laid  down  in  the  decree. 

3.  The  case.  Caius  well  remembered  all  the  circum- 
stances of  his  Baptism  administered  by  an  Anglican 
minister  when  he  was  twenty  3'ears  old.  The  Anglican 
minister  did  not  act  very  reverently,  but  he  rightly  applied 
the  matter  and  form.  The  intention  to  baptize  Caius 
must  be  presumed.  As  all  the  essentials  for  valid  Baptism 
ivere  present,  the  Baptism  was  valid,  and  Titius  must 
not    baptize    him    again.     He    must    absolve    him    from 


102  CASES  OF  CONSCIENCE 

censures  after  he  has  made  a  profession  of  faith,  and  then 
direct  him  to  make  a  general  confession  of  his  sins  committed 
after  Baptism.  The  AngHcan  minister  did  not  hold  the 
Catholic  faith  about  Baptism,  but  his  heresy  could  not 
make  the  sacrament  invalid,  if  it  had  all  the  essentials  for 
validity. 


4 

A  TOO  ZEALOUS  PASTOR 

•  Caius  sacerdos  zcluntLssiiiius  jjro  salute  aiiiinanmi 
visitai-e  solct  non  tantum  Catliolicos  sed  etiam  quaercrc 
extra  ovilc  ovcs  pcrdilas.  Si  iiivonit  in  faiiiiliis  Pro- 
testanticis  infantes  debiles  vel  aggros  qui  probabiliter 
usiim  rationis  nunquam  sunt  adeptiiri,  rogata  liccntia  cis 
benedicendi  cos  seci-oto  l)apti.sat,  api)lieando  eorum  ca- 
pitibus  sudariolo  antca  madefacto.  Julius  vcro  alius  sacer- 
dos qui  cidcni  ]\Iissioni  inscrvit  Caiuni  condemnat  inju- 
ria) contra  sacramentuni  ct  infant  iuni  parcntes.  Hinc 
qua}ritur: 

1.  Quinam  sint  minister  ct  subjcctuni  l)aptisnii? 

2.  Num  liccat  infantes  baptisare  invitis  parentibus? 

3.  Quid  ad  casum? 

Solution 

1.  Who  is  the  minister  and  who  the  subject  of  Baptism? 
The  ordinary  minister  of  solemn  Baptism  is  the  pai'ish 

priest,  who  may  delegate  his  office  to  another  priest, 
and  for  just  cause  even  to  a  deacon.  In  case  of  necessity 
any  one  may  baptize.^ 

The  subject  of  Baptism  is  an}-  living  pei-son  who  has 
not  been  baptized. 

2.  Is  it  lawful  to  baptize  chiklren  against  the  wish  of 
their  parents? 

1  Manual  of  Moral  'riicolojiy,  vol.  ii,  \).  52. 
103 


104  CASES  OF  CONSCIENCE 

If  the  i)arents  arc  Iwiptizctl  Christians  tlie  Church  has 
a  right  to  baptize  their  chikh'eu  even  against  their  will, 
inasmuch  as  tliey  themselves  are  sul^jects  of  the  Churcli, 
and  l)oun(l  to  obey  her  laws.  In  ])ractice,  such  a  right  can 
onl}'  be  used  rarc^ly  and  with  great  caution  and  proper 
safeguards.  If  the  parents  are  not  baptized  and  therefore 
not  subject  to  the  Church's  laws,  their  childi'en  may  not 
be  baptized  before  they  have  reached  years  of  discretion 
without  the  consent  of  the  parents  except  when  they  are 
in  danger  of  death.  After  they  have  attained  years  of 
discretion  they  are  not  subject  to  their  parents  in  the 
matter  of  religion. ^ 

3.  The  case.  Caius  should  exercise  discretion  in  his 
zeal.  If  the  children  that  he  baptizes  have  never  pre- 
viously been  baptized  and  are  in  danger  of  death  his  zeal 
may  be  praised.  No  injury  is  done  to  the  parents  and  the 
children  on  dying  are  assured  of  a  place  in  heaven.  If 
the  children  have  previously  been  baptized  or  if  they  are 
not  in  danger  of  death  when  he  baptizes  them,  Caius 
does  wrong.  In  the  former  case  he  is  guilty  of  reiterating 
Baptism,  in  the  latter  he  baptizes  a  child  who  will  not  be 
brought  up  as  a  Catholic.  The  mere  probability  of  their 
dying  before  they  attain  the  use  of  reason  is  not  sufficient 
to  justify  his  action.  Mere  apphcation  of  the  wet  handker- 
chief to  the  children's  heads  would  not  be  valid  Baptism; 
the  water  must  run,  or  at  least  the  wet  handkerchief 
must  be  moved  so  as  to  express  the  sacramental  sign  of 
washing. 

1  Manual  of  Moral  Theology,  vol.  ii,  p.  63. 


b 
A  CONVERT  FROM  JUDAISM 

Rebecca  pareiitibus  Judieis  nata  ab  eisdem  in  con- 
ventu  educanda  moiiialibus  erat  concredita.  Sexdecim 
annos  jam  liabens  jjroximo  anno  o  convcntu  egressura 
educationc  finita  rogavit  Titium  sacerdotem  rcgularem 
ut  ipsam  in  Ecclesiam  reciperet.  Titius  invenit  earn  bene 
in  Catholica  fide  instructam,  dc  cjusdem  vcritatc  plane 
persuasam,  sed  parentcs  prorsus  invitos  quominus  Cathol- 
icam  religionem  amplectatur  publicc.  Titius  autem  nescit 
utrum  in  liis  eircumstantiis  ejus  precibus  annucre  debeat 
saltern  ut  seereto  Catholica  fiat.     Unde  qua?ritur: 

1.  Quisnam  sit  baptismi  subjectum? 

2.  Num  filii  familias  invitis  parent ibus  baptisari  possint? 

3.  Si  filius  infidelium  vel  acatholicorum  baptisetur  quid 
sit  circa  ejusdem  educationem  cavenduni? 

4.  Quid  ad  casum? 

Solution 

The  first  ([ucstion  was  answered  above,  j).  lO."}  antl 
the  second,  p.  101. 

3.  If  a  child  of  infidel  or  non-Catholic  parents  b(^  bap- 
tized, what  should  be  done  about  its  education? 

Means  should  be  taken  to  secure  the  child's  (Hlucation 
in  the  Catholic  faith.  With  a  view  to  this  the  First 
Council  of  Westminster  (d.  X\'I,  n.  (>).  decreetl:  "  Bap- 
tisare    potest    sacerdos    infantes    pai'cntibus    acatholicis 

105 


106  CASES  OF  CONSCIENCE 

natos,  diminiodo  consensus  habeatur  eos  in  vera  religione 
esse  educandos,  et  patrinum  seu  matrinam  Catholicam 
habeant."  The  Holy  Office  has  more  than  once  repUed 
to  questions  on  the  point  that  unless  those  who  are  offered 
for  Baptism  are  in  danger  of  death  it  is  not  lawful  to  baptize 
them  if  they  are  to  be  left  under  the  care  and  education 
of  their  infidel  parents.  Thus  on  March  15,  1770,  the 
following  answer  was  given:  "  Non  licere  extra  mortis 
periculum  conferre  Baptismum  ab  utroque  parcnte  infideli 
oblatis  quoties  iidem  infantes  post  receptum  baptisma 
sub  potestate  et  educatione  eorumdem  infidelium  gen- 
itorum  sunt  relinquendi.'"  ^ 

4.  The  case.  Rebecca  should  not  be  received  unless 
she  can  publicly  profess  and  practise  the  Catholic  faith. 
She  should  be  told  that  there  would  be  no  difficulty  in 
receiving  her  if  she  could  get  her  father's  consent.  Even 
if  she  can  not  get  her  father's  consent  to  her  reception 
into  the  Church  directly,  if  a  place  in  a  Catholic  family 
or  amid  Catholic  surroundings  could  be  provided  for  her, 
and  her  father  agreed  to  her  accepting  the  place,  she 
might  then  be  received  at  once.  If  she  is  under  the  ne- 
cessity of  returning  to  her  father's  house  and  living  under 
his  authority,  and  if  she  can  not  get  his  consent  to  her 
becoming  a  Catliolic,  her  reception  should  be  put  off'  till 
she  becomes  her  own  mistress.  The  danger  of  perversion, 
of  scandal,  of  complaints  against  convents,  in  general 
render  immediate  reception  unadvisable  in  these  circum- 
stances. She  should  be  taught  how  she  may  preserve 
her  good  dispositions  by  prayer,  leading  a  good  life, 
reading  good  books,  etc.,  until  such  time  as  she  can  be 
received  into  the  Church. 

^  Bucceroni,  Enchiridion  Morale,  p.  109. 


6 
WHAT  BAPTISM   IMPLIES 

Sequens  casus  fuit  propositus  in  "  Pastoralia "  Jan., 
1901. 

Quodam  die  dominico  mulier  cum  matrina  Protes- 
tantica  attulit  infantem  ad  ccclesiam  Catholicam  baptisan- 
dum.  A  parocho  interrogata  dixit  se  et  maritum  fuisse 
in  fide  Catholica  educates,  amplius  tamen  earn  non  pro- 
fiteri,  quum  una  religio  sit  2eque  vera  ac  alia.  Quatuor 
alios  liberos  fuisse  quidem  baptisatos  in  ecclesia  Catholica, 
nunc  vero  scholam  publicam  (Board-school)  frecjuentare, 
nee  se  ad  scholam  Catholicam  cos  mittcrc  velle.  Se  hunc 
infantem  attulisse  ad  ecclesiani  Catholicam  baptisandum 
quia  ceteri  ibidem  baptisai'cntur,  ncc  in  ecclesia  Protcs- 
tantica  nee  alibi  fore  baptisatum  nisi  a  parocho  baptisetur. 
Unde  parochus  cjuserit: 

1.  Num  infantem  baptisare  debuerit? 

2.  Quum  patrinus  Catholicus  non  esset  procurandus  nnm 
matrinam  protestanticam  admittere  ei  licuerit? 

3.  Sccus  num  sine  patrino  et  cum  ca^remoniis  baptisare 
debuerit? 

4.  In  illo  casu  (luid  de  responsis  in  Rituali,  et  quinam 
infantem  tcnere  (lcl)uorit  duni  baptisaretur? 

Solution 
1.  Ought  the  priest  to  have  baptized  the  child? 
The  Baptism  would  indeed  have  been  valid,  but  it  may 

107 


108  CASES  OF  CONSCIENCE 

be  doubted  whether  the  priest  should  administer  Baptism 
in  such  eases.  The  child  is  in  no  danger  of  death,  both 
parents  have  fallen  away  from  the  Faith  and  no  longer 
profess  to  be  Catholics,  the  mother  openly  asserting  that 
one  religion  is  as  good  as  another.  The  other  children  are 
going  to  a  non-Catholic  school,  and  there  is  no  probability 
that  this  one  will  be  brought  up  a  Catholic.  Under 
these  circumstances  the  priest  should  not  baptize  the 
child  unless  he  can  in  some  way  secure  a  Catholic  educa- 
tion for  it. 

2.  As  a  Catholic  sponsor  could  not  be  procured,  could 
a  Protestant  be  admitted  in  such  a  case? 

No,  a  Protestant  may  never  be  admitted  as  a  sponsor 
in  Baptism. 

3.  Ought  Baptism  to  be  given  without  sponsor  and  with 
the  ceremonies? 

The  Sacred  Congregation  de  Propaganda  Fide,  April 
1,  1816,  answered  that  if  proper  sponsors  can  not  be  had, 
Baptism  which  is  necessary  must  be  given  without  sponsors 
who  are  not  necessary. ^ 

4.  In  that  case  who  should  make  the  answers  in  the 
Ritual,  and  who  should  hold  the  infant  while  it  is  being 
baptized? 

The  priest  himself  might  make  the  answers,  and  the 
mother  or  any  one  else  might  hold  the  child,  for  that  act 
alone  would  not  make  her  a  sponsor. 

1  Collectanea  S.  C.  de  P.  F.,  n.  618. 


PARENTS'  NEGLECT 

Lucius  sacerdos  in  Aiiglia  missionarius  iioii  sine  moerore 
invenit  plures  pueros  et  puellas  in  sua  schola  elementari 
non  esse  baptisatos.  Quidam  sunt  ex  parentibus  Catholicis 
quidem  sed  valde  negligentibus  et  vitiosis,  alii  Protestan- 
tibus  qui  in  rebus  religiosis  sunt  indifferentes,  nati,  quos 
omnes  post  debitam  instructionem  in  catechismo  datam 
volentes  baptisabat,  et  quemdam  Lucillum  quatuor  annos 
Catholicis  parentibus  natum  valde  pedibus  et  pugnis 
reluctantem  vi  sacro  fontc  abluit.  Qua?  non  sine  admi- 
ratione  vicini  sacerdotcs  audierunt.     Unde  quaeritur: 

1.  Num  filii  invitis  parentibus  baptisari  valeant? 

2.  Num  et  quil^us  sul)  conditionibus  filii  hajreticorum 
baptisari  possint? 

3.  Quo  tempore  et  qua  obligationc  baptismum  pro 
filiis  procurare  parentes  teneantur? 

4.  Quid  ad  casum? 

Solution 
The  first  question  was  answered  above,  p.  104,  and  the 
second,  p.  98. 

3.  "\Mien  and  under  what  obligation  are  jjarents  l)ound 
to  have  their  children  l)aptized? 

Catholic  parents  are  bound  to  have  their  cliildrcii  bap- 
tized as  soon  after  l)irth  as  they  can  conveniently.  Accord- 
ing to  approved  theologians  it  would  be  a  grave  sin  for 

109 


no  CASES  OF  CONSCIENCE 

parents   to   put  off  their  child's   Baptism   for  a  month 
without  good  cause.  1 

4.  The  case.  Lucius  did  right  to  baptize  the  children 
of  Catholic  j)aronts  who  had  not  been  baptized.  They  are 
being  educated  in  the  Catholic  school  and  they  can  thus  be 
instructed  in  the  Catliolic  religion.  It  is  plain  that  there 
has  been  grave  and  culpable  negligence  on  the  part  of 
their  parents.  For  the  same  reason  he  was  right  too  in 
baptizing  Lucillus.  He  was  only  four  years  old  and  had 
not  yet  the  use  of  reason,  so  that  his  resistance  need  not 
cause  scruple  or  doubt.  It  was  probably  directed  against 
a  function  w^hich  he  considered  objectionable  but  which 
he  did  not  understand.  As  his  parents  were  Catholics 
the  Church  had  a  right  to  baptize  him.  Lucius  should 
not  have  baptized  the  children  of  Protestant  parents  with- 
out procuring  a  promise  from  the  parents  that  they  should 
be  brought  up  Catholics  and  allowed  to  practise  the 
Catholic  religion.  He  should  in  addition  have  provided 
them  with  sponsors  w^hose  duty  it  would  be  to  watch 
over  their  Catholic  education.  The  Baptism,  however, 
even  of  these  was  valid,  and  Lucius  should  do  what  he  can 
to  educate  them  as  Catholics  and  induce  them  to  lead 
Catholic  lives. 

1  Manual  of  Moral  Theology,  vol.  ii,  p.  63. 


8 
NOX-CATIIOLIC   SPONSORS 

Julius  liiissionarius  in  Anglia  tempore  coiisueto  quadam 
Dominica  vadit  ad  eeelesiam  ad  Ijajjtismum  admiiiistran- 
dum  si  qui  forte  sint  baptisandi.  Inveiiit  infantem 
baptisandum  cum  matrina  et  Tullio  Catholico  qui  dicit 
se  esse  procuratorcm  j^ro  avunculo  infaiitis,  qui  promisit 
se  fore  patrinum.  Tullius  interrogatus  de  avunculo  dicit 
eum  esse  Anglicaniun,  sed  divitem  a  quo  spes  non  exiguas 
parcntes  infantis  concipiunt.  .Julius  vero  dubius  est 
quid  in  casu  facere  debeat.     Unde  qua^ritur: 

1.  Quinam  et  quot  patrini  esse  possint  vel   debeant? 

2.  Qua^nam  sint  patrinorum  obligationes? 

3.  Nuni  licterodoxus  patrinus  in  baptismo  Catholico, 
vel  Catholicus  in  baptismo  haeretico  admitti   possit? 

4.  Quid  ad  casum? 

Solution 

1.  Wlio  may  be  sponsors  in  Baptism  and  how  many 
may  there,  or  ought  there,  to  be? 

All  who  have  attained  the  use  of  reason  and  have  been 
baptized  themselves  may  be  sponsors  unless  they  are 
expressly  excluded  l)y  law.  The  following  are  excluded: 
"  The  parents  of  the  ])ers()n  baptized,  if  both  are  living, 
heretics,  those  who  are  excommunicated,  or  intei'tlicted, 
public  criminals  or  people  without  rei)utation,  those  who 

111 


112  CASES  OF  CONSCIENCE 

are  ignorant  of  the  rudiments  of  the  Faith,  and  members 
of  Rehgious  Orders.  Others  are  sometimes  prohibited 
by  Pro\aneial  law,  as  the  folloudng  in  England:  those 
who  have  not  reached  the  age  of  puberty,  those  who  have 
not  been  confirmed  or  who  have  not  made  their  Easter 
duties,  and  ecclesiastics."  ^ 

According  to  the  Council  of  Trent  one  only,  whether 
male  or  female,  or  at  most  one  male  and  one  female  may 
be  admitted  as  sponsors. 

2.  What  are  the  duties  of  sponsors? 

They  answer  for  the  person  baptized  at  Baptism,  receive 
him  from  the  hands  of  the  minister  after  Baptism,  and  if 
necesssary  act  as  his  instructors  in  the  Faith. 

3.  May  a  non-Catholic  sponsor  be  admitted  in  Catholic 
Baptism,  or  may  a  Catholic  be  sponsor  in  non-Cathohc 
Baptism? 

No;  both  are  prohil^ited  as  being  communicatio  in  sacris. 

4.  The  case.  Julius  can  not  allow  the  Anglican  uncle 
to  be  sponsor  in  Baptism  for  a  Catholic  child.  If  he  is 
afraid  that  great  offence  would  be  given  to  the  parties 
concerned  if  he  were  openly  to  refuse  to  allow  him  to  be 
sponsor  the  easiest  way  out  of  the  difficulty  would  be  to 
let  the  godmother,  who  is  a  Catholic,  act  alone  \Aithout 
saying  anything  to  Tullius.  The  latter  would  be  per- 
mitted to  stand  by  while  the  Baptism  was  being  admin- 
istered, but  he  would  not  ])e  allowed  to  touch  the  child. 

^  Manual  of  Moral  Theology,  vol.  ii,  p.  GO. 


CONFIRMATION 

1 

NECESSITY  OF  CONFIRMATION 

Caius  in  Anglia  Missionarius  districtum  circumit  ut  sciat 
quinam  coiifirmari  dobcant  ab  Episcopo  mox  vcnturo. 
Invcnit  Tullium  ])atremfamilias  Catholicum  qui  se  un- 
quam  fuisse  confifinatuni  iiegat.  Intorrogatiis  quomodo 
id  accidisset  dicit  sc  ex  verecundia  iion  venisse  ut  tem- 
pore statute  puer  confirmai'etur,  nee  propter  eamdem 
causam  postea  id  saeerdoti  confiteri  ausum  esse.  Caius  ei 
pereuadet  ut  saltern  nunc  sacramentum  tarn  necessai'ium 
nostris  diebus  suscipiat,  utrum  vero  Tullius  ob  neglectum 
debeat  generalem  confessionem  al)  letate  puerili  instituere 
dubitat.     Unde  quseritur: 

1.  Qua?nam  sint  materia  ct  forma  confirmationis? 

2.  Quandonam  et  a  quo  sit  conferenda? 

3.  Num  sit  sacramentum  necessarium? 

4.  Quid  ad  casum? 

Solution 

1.  What  arc  the  matter  and  form  of  Confirmation? 

The  common  opinion  is  that  the  anointing  with  chrism, 
together  with  the  simuUaneous  imposition  of  the  hand 
of  the  bisliop  on  the  forehead  of  the  confirmed  pereon 
while  he  makes  on  it  the  sign  of  the  cross  with  the  clii'ism, 

113 


114  CASES  OF  CONSCIENCE 

is  the  adequate  and  essential  matter  of  the  sacrament. 
The  form  is:  "I  sign  thee  with  the  sign  of  the  cross  and  I 
confirm  thee  with  the  chrism  of  salvation,  in  the  name  of 
the  Father,  and  of  the  Son,  and  of  the  Holy  Ghost."  ^ 

2.  AMicn  and  by  whom  is  Confu'mation  to  be  adminis- 
tered? 

According  to  modern  disciphne  Confirmation  is  given 
to  baptized  persons  who  have  attained  the  use  of  reason 
and  have  been  well  instructed  in  Christian  doctrine.  The 
bishop  of  the  diocese  is  the  ordinary  minister  of  Con- 
fu-mation;  a  priest  may  be  delegated  by  the  Pope  to  admin- 
ister it. 

3.  Is  it  a  necessary  sacrament? 

It  is  not  necessary  necessitate  medii;  whether  it  is  nec- 
essary necessitate  prcecepti  is  a  cUsputed  point  among 
theologians.  St.  Thomas  with  many  other  approved 
authors  deny  that  it  is.^ 

4.  The  case.  Tullius  neglected  to  receive  Confirmation 
not  out  of  contempt  but  from  shyness.  As  is  clear  from 
the  dispute  among  theologians,  it  is  not  certain  that  in 
doing  this  he  committed  a  mortal  sin,  and  no  one  should 
be  held  guilty  of  mortal  sin  unless  it  is  clear  and  certain 
that  he  has  committed  mortal  sin.  Tullius,  therefore, 
should  not  be  obliged  to  make  a  general  confession,  unless 
indeed  he  thought  that  he  sinned  mortally  by  acting  as 
he  did. 

>  Manual  of  Moral  Theology,  vol.  ii,  p.  67  f. 
2  Ibid.,  p.  74. 


THE   llULV    EL'CIIAlllST 


ADULTERATED   ALVTTER 

Sylvius  sacerdos  audit  adulterationem  ciborum  eo 
usque  pervenisse  ut  triticum  ct  vinum  quae  altari  inser- 
viaiit  inficiat.  Nam  ut  farina  sit  quam  maxime  alba  ex 
qua  hostia)  conficiuntur  ablato  germinc  tritico  admis- 
cetur  alumen;  ex  modica  autem  quantitato  viiii  gciiuini 
ope  aquse  et  artis  chimicae  quantitas  quadrupla  conficitur; 
et  cum  tali  materia  Sylvius  fere  per  annum  ot  saepe  pro 
stipendio  Missam  celebravit.  Mediis  opportunis  sumptis 
ut  deinceps  saltem  materiam  debitam  habeat,  quaerit 
quid  a  se  quoad  prseteritum  sit  faciendum.  Unde 
quseritur: 

1.  Qua^nam  sit  materia  SS.  Euchaiistia?? 

2.  Num  consecratio  sub  una  specie  sit  valida,  vel 
unquam  licita? 

3.  Quid  ad  casum? 

Solution 
L  WTiat  is  the  matter  of  the  Holy  Eucharist? 
The  remote  matter  of  the  Eucharist  is  twofold,  wheaten 

bread  and  wine  of  the  grape. ^ 
2.  Is  consecration  under  one  species  vahd,   and  is  it 

lawful? 

'  Manual  of  Moral  Theology,  vol.  ii,  p.  82. 
115 


116  CASES  OF  CONSCIENCE 

It  is  certainly  never  lawful.  Consecration  of  one  species 
is  certainly  valid  when  there  is  the  intention  of  consecrat- 
ing both  species,  l;)iit  the  consecration  does  not  take  effect, 
because,  for  example,  the  host  is  not  wheaten  bread  or 
what  is  in  the  chalice  is  not  wine  of  the  grape.  Even  if  a 
priest  pronounces  the  words  of  consecration  over  one 
species  with  the  intention  of  consecrating  it  alone,  the 
consecration  wdll  be  valid,  but  it  does  not  constitute  the 
Sacrifice  of  the  Mass,  since  Mass  consists  essentially  of 
the  consecration  under  both  species. 

3.  The  case.  The  taking  away  of  the  germ  from  the 
grains  of  wheat  and  the  addition  of  a  little  alum  for  the 
sake  of  greater  whiteness  would  not  change  the  w^heat 
substantially,  and  so  hosts  made  of  such  wheat  w^ould  still 
be  valid  matter  for  the  Eucharist,  but  it  should  not  be 
employed.  The  sophisticated  wine,  however,  was  not 
wine  of  the  grape,  and  it  was  not  valid  matter  for  Mass. 
The  consecration  under  one  species  was  nevertheless  valid, 
and  perhaps  sufficient  for  the  application  of  the  fruits 
of  Mass  to  the  intentions  of  those  w4io  gave  the  stipends. 
Ballerini  says  that  in  such  cases  priests  have  recourse  to 
the  Holy  See  to  know  what  should  be  done,  but  he  admits 
that  probably  all  obligations  resting  on  the  priest  by  reason 
of  accepting  the  stipends  have  been  fulfilled  by  the  con- 
secrations under  one  kind.^ 

1  Balleriui,  Opus  Morale,  tract,  x,  sec.  iv,  n.  230. 


FASTING   COMMUNION 

TiTius  Missionarius  in  Anglia  sacerdos  vult  scire  iitrum 
non-jcjima3  possit  S.  Communionem  deferre  Mariae 
parochiaiiit;  quae  phthisi  laborct  ct  singulis  binis  horis 
lac  ex  medici  prsecepto  sumere  debeat  quamvis  lectulo 
non  dccumbat.  Aliquoties  melius  sc  habere  sentiens 
Maria  vcnit  ad  Missam  hora  nona  a.m.  et  vellet  tunc  etiam 
non-jejuna  S.  Communionem  recipere  si  hoc  pe  mittatur. 
Ipse  etiam  Titius  sencx  aliquando  influenza  ej  usque  sequelis 
lal)orans  a  Missa  dicenda  abstincrc  per  duos  vcl  per  tres 
menses  cogitur.  Posset  autem  aliquando  Missam  cele- 
brare  si  extractum  carnium  vel  aliciuid  hujusmodi  pra;\'ie 
sumere  licerct,  de  quo  tamen  dubitat,  et  edoccri  petit. 
Unde  quseritur: 

1.  Ad  ([uid  obliget  lex  jejunii  ante  S.  Communionem? 

2.  Quid  intlulserit  decretum  S.  C.  C,  Dec.  7th,  190G? 

3.  Quid  ad  casum? 

Solution 

1.  To  what  does  the  law  of  fasting  before  Holy  Commu- 
nion oblige? 

This  law  forbids  those  to  receive  Holy  Communion 
who  have  taken  any  food  or  ch'ink  whatever  after  mid- 
117 


118  CASES  OF  CONSCIENCE 

night.     Those  who  are  dangerously  ill  are  excepted  from 
the  obhgation  of  tliis  law. 

2.  ^^^lat  mitigation  was  permitted  by  the  decree  S.  C.  C, 
Dec.  7th,  1906? 

The  dispositive  portion  of  the  decree  is  as  follows: 
"  Infirmi  qui  jam  a  mense  decumbunt  absque  certa  spe 
ut  cito  convalescant  de  confessarii  consilio  SS.  Euchar- 
istiam  sumerc  possunt  semel  aut  bis  in  hebdomada,  si 
agitur  de  infu*mis  (|ui  degunt  in  piis  domibus  ubi  SS. 
Sacramentum  asservatur,  aut  fruuntur  privilegio  celebra- 
tionis Missae  in  oratorio  domestico;  semel  vero  vel  bis 
in  mense  pro  reliquis,  etsi  aliquid  per  modum  potus  antea 
sumpserint."  By  a  subsequent  decree  dated  March  6th, 
1907,  it  was  explained  that  the  term  decumbunt  comprised 
those  ''  qui  quamvis  gravi  morbo  correptos  et  ex  medici 
judicio  jejunium  naturale  servare  non  valentes  nihil- 
ominus  in  lecto  decumbere  non  possunt  aut  ex  eo  aliquibus 
horis  dici  surgerc  queunt." 

The  conditions  therefore  required  for  the  application 
of  this  decree  are:  (a)  The  person  should  have  been  seri- 
ously ill  for  a  month,  and  there  should  be  no  reasonable 
hope  of  recovery  within  a  short  time,  say,  a  month.  (6) 
With  the  advice  of  the  confessor  Holy  Communion  may  be 
received  once  or  twice  a  week  if  the  Blessed  Sacrament 
is  reserved  in  the  house  where  the  sick  person  lies,  in  other 
cases  once  or  twice  a  month,  (c)  Though  something  liquid 
has  been  taken  after  midnight,  e.g.,  tea,  chocolate,  soup, 
even  if  an  egg  has  been  broken  up  in  it. 

3.  The  case.  From  what  has  been  said  it  is  clear  that 
Titius  may  take  Holy  Communion  to  Mary  even  though 
she  has  taken  milk  every  two  hours  after  midnight. 

The  decree  is  not  applicable  to  those  who  can  and  do 


FASTI Xa  COMMIXJOX  119 

go  to  Church  not  fasting,  according  to  the  interpretation 
put  upon  (he  decree  at  Rome,  and  followed  by  approved 
authors.  "  Videtur  requiri  ut  S.  Eucliaristia  sit  in  cu- 
biculum  deferenda,''  says  Genicot,  (II,  n.  202.  ed.  Ga). 
The  mitigation  of  the  law  is  granted  to  the  faitliful  who 
wish  to  communicate,  not  to  priests  who  wish  to  say  Mass. 


THE  FAST   BROKEN 

TiTius  sacerdos  cjui  solus  cuidam  Missioni  inservit  tussi 
laborans  pastillum  in  os  immittere  solet  ut  noctu  dormire 
possit.  Quadam  nocte  horologio  horam  duodecimam 
sonante  expergefactus  pra)ter  intentionem  aliquid  pas- 
tilli  quod  adhuc  in  ore  manebat  deglutivit.  Dubitare 
incipit  utrum  liceat  mane  Missam  celebrare  quam  populus 
audire  debeat  ex  praecepto  (erat  scilicet  dies  dominica), 
vel  sine  Missa  eos  dimittere  debeat.     Unde  quserituf: 

1.  Quid  requiratur  ad  comestionem  qua  jejunium  ante 
S.  Communionem  prsescriptum  frangatur? 

2.  Num  parvitas  materiae  vel  quoad  cibum  sumptum 
vel  quoad  tempus  post  horam  duodecimam  in  hac  lege 
jejunii  admitti  possit? 

3.  Num  intentio  facere  possit  ut  jejunium  aliter  non 
fractum  frangatur? 

4.  Quid  ad  casum? 

Solution 

1.  What  is  required  for  a  violation  of  the  fast  prescribed 
before  Holy  Communion? 

What  is  taken  must  have  the  nature  of  food  or  drink 
or  medicine;  it  must  be  from  without  the  mouth;  and  it 
must  be  taken  in  the  way  food  is  usually  taken,  not  e.g., 
by  respiration.  1 

1  Manual  of  Moral  Theology,  vol.  ii,  p.  110. 
120 


'/'///•;   FAST   liUOKES  121 

2.  Is  lightness  of  iiiattor  allowed  in  this  law  cither  in 
what  is  taken  or  in  tlie  time? 

No,  the  hiw  admits  of  no  Hghtness  of  matter,  for  the 
pi'oliihition  does  not  fall  on  the  food  or  time,  hut  on  the 
receiving  of  Holy  (  onununion  after  taking  the  least  food 
or  drink  after  midnight.^ 

3.  Can  the  intention  cause  the  fast  to  be  broken  when 
otherwise  it  would  not  be  l^roken? 

According  to  the  rubric  of  the  Missal  (De  Def.,  IX,  3) 
if  a  drop  of  water  is  swallowed  inadvertently  while  wasliing 
the  mouth  it  does  not  hinder  Holy  Communion.  And 
theologians  apply  the  same  rule  to  a  drop  of  rain,  or  soup 
mixed  with  the  saliva  and  swallowed  inadvertently.  In 
these  cases  the  common  opinion,  wliich  St.  Alphonsus 
says  is  certainly  to  be  held,  maintains  that  if  this  is  done 
intentionally  the  fast  is  broken.^ 

4.  The  case.  Midnight  is  past  after  tlie  first  stroke  of 
twelve.  Titius  therefore  after  twelve  swallowed  a  piece 
of  the  pastille  which  still  remained  in  his  mouth.  In 
doing  this  he  broke  liis  fast  even  though  he  did  it  unin- 
tentionally, for  the  sucking  of  the  pastille  must  be  re- 
garded as  a  continuous  action  of  eating  which  did  not 
finish  until  after  twelve. ^ 

If  the  necessity  for  the  people  to  hear  Mass  is  the  only 
reason  why  Titius  should  say  it,  he  should  abstain  from 
saying  it,  and  explain  tlie  reason  to  the  pco))le.  He  may 
have  prayers  and  give  them  a  sermon.  If  he  has  reason 
to  fear  scandal  or  grum!)ling  on  account  of  his  acting 
in  this  way  he  may  say  Mass,  according  to  a  sound  opinion.-* 

1  Manual  of  Moral  Theology,  vol.  ii,  p.  110. 

2  Theol.  Mor.,  lib.  vi,  279. 
» Ibid. 

*  Manual  of  Moral  Theology,  vol.  ii,  p.  111. 


4 

DOUBTFUL  DISPOSITIONS 

Philippus  confitetur  sabbato  vespere  cum  intentione 
communicandi  die  proxima.  Ista  tamen  nocte  cum  amicis 
familiariter  conversando,  do  crimine  secreto  tertii  cu jus- 
dam  loquebatur.  Postea  vehementer  dubitabat  ne  for- 
tasse  hoc  faciendo  peccatum  lethale  admisisset.  Adhuc 
dubius  proximo  mane  ad  ecclesiam  ivit  cum  intentione 
ante  Missam  suum  duljium  sacerdoti  qui  unicus  ecclesise 
servivit  confitendi.  Quum  vero  ad  ecclesiam  pervenisset, 
ecce  sacerdos  jam  Missam  incoeperat.  Noluit  Philippus 
sacram  Communionem  omittere,  nee  habuit  alium  confes- 
sarium  cui  confiteri  potuit.  In  tantis  angustiis  putavit  se 
posse  cum  ceteris  accedere  ad  sacram  Communionem 
intra  Missam,  quod  fecit.  Proximo  tamen  sabbato 
scrupulis  agitatus  venit  iterum  ad  confessionem,  quod 
fecisset  declarat,  et  rogat  quid  facere  debuisset.  Unde 
quaeritur : 

1.  Qusenam  dispositiones  animse  requirantur  ad  sacram 
Communionem? 

2.  (^uomodo  et  de  quibus  intelligendum  sit  illud  Triden- 
tini    "  Quamprimum    confiteatur "    (Sess.    XIII,    c.    7)? 

3.  (^uid  ad  casum? 

Solution 
1.  What   dispositions   of  soul   are  required    for    Holy 
Communion? 

122 


DOUBTFUL   UISI'USITIO.SS  123 

The  dispositions  of  soul  required  for  Holy  Communion 
are  the  state  of  grace  and  a  good  and  upright  intention. ^ 

2.  How  and  of  whom  is  the  precept  of  the  Council  of 
Trent  to  be  understood:  "  Let  him  confess  as  soon  as 
possible"  (Sess.  XIII,  c.  7)? 

This  is  a  grave  precept  imposed  by  the  Council  on  those 
priests  who  though  conscious  of  mortal  sin  and  sorry  for 
it  did  not  go  to  confession  before  saying  Mass  on  account 
of  not  having  a  confessor  to  whom  they  could  confess.- 

3.  The  case.  Philip  was  in  doubt  whether  he  was  in 
the  state  of  grace  or  not,  because  he  was  not  sure  that  he 
had  not  committed  a  mortal  sin  of  detraction  since  his 
last  confession.  As  he  was  in  doubt,  he  was  not  conscious 
of  mortal  sin,  and  only  those  who  are  conscious  of  mortal 
sin  are  bound  to  go  to  confession  before  Holy  Communion. 
However,  as  the  Eucharist  is  a  sacrament  of  the  living, 
and  docs  not  of  itself  certainly  confer  grace  on  a  soul 
deprived  of  the  supernatm'al  life  of  God's  grace,  those 
who  receive  it  arc  bound  to  have  moral  certainty  of  their 
freedom  from  mortal  sin  in  order  that  the  sacrament  may 
be  fruitful.  Therefore,  one  who  doubts  whether  he  is 
in  the  state  of  grace,  although  he  is  not  bound  to  go  to 
confession,  yet  he  is  bound  to  elicit  an  act  of  contrition 
so  that  thereby  he  may  make  sure,  morally  speaking,  of 
being  in  the  state  of  grace.  Philip,  therefore,  should 
have  done  this,  though  he  did  not  sin  in  omitting  it,  because 
he  was  in  good  faith. 

'  Manual  of  Moral  Theology,  vol.  ii,  p.  106  ff. 
«  Ibid.,  p.  107. 


5 

WAS  CONFESSION   OBLIGATORY 

Caius  in  Anglia  Missionarius  Rector  cum  ancilla  noctu 
peccavit.  Proximo  mane  ad  Missam  celebrandam  obliga- 
tus  quum  noluerit  juveni  sacerdoti  curato  confiteri  quippe 
qui  scandalum  pateretur  ac  quae  esset  complex  suspicari 
posset,  nee  alius  sacerdos  intra  tria  millia  passuum  degeret, 
actu  contritionis  elicito  Missam  celebravit.  Postea  vero 
scrupulis  angebatur  quum  cogitaret  se  confiteri  curato 
quin  mentionem  ullam  vel  tantum  aliqualem  sub  terminis 
generalibus  peccati  cum  ancilla  faceret,  vel  saltem  sine 
gra\i  incommodo  per  tramway  alium  sacerdotem  adire 
potuisse.     Unde  qua^ritur: 

1.  Qualis  integritasin  confessione  requiratur  et  qua  lege? 

2.  Num  integritas  confessionis  sit  procuranda  etiam 
peccatum  complicis  manifestando? 

3.  Qusenam  obligatio  sacerdoti  incumbat  qui  mortali 
gravatus  ex  defectu  confessarii  cum  sola  contritione  cele- 
braverit? 

4.  Quid  ad  casum? 

Solution 

1.  What  sort  of  integrity  is  required  in  confession  and 
by  what  law? 

By  divine  law  formal  integrity  is  required  in  confession, 
which  consists  in  mentioning  all  the  mortal  sins  which 
occur  to  the  mind  after  a  diligent  examination  of  con- 
science   and   which   have    not   previously   been   directly 

124 


WAS  CONFESSION  OBLiaATORY  12o 

absolved,  or  at  least  those  mortal  sins  which  the  penitent 
is  bound  under  the  circumstances  to  confess.' 

2.  Is  the  integrity  of  confession  to  be  procured  by  man- 
ifesting also  the  sin  of  one's  accomplice? 

If  the  penitent  can  not  confess  a  sin  without  thereby 
making  known  his  accomplice  in  the  sin  to  his  confessor, 
it  is  probable  that  he  is  not  bound  to  confess  that  sin  to 
this  confessor.  The  contrary  opinion  that  he  is  bound 
to  confess  it  is  also  pi-obable,  so  tliat  he  is  free  to  do  so 
if  he  choose. - 

3.  What  obligation  rests  on  a  priest  who  because  he 
had  not  a  confessor  merely  made  an  act  of  contrition  for  a 
mortal  sin  and  celebrated  Mass? 

He  is  bound  to  go  to  confession-  as  soon  as  possible 
according  to  the  decree  of  the  Council  of  Trent  (Sess. 
XIII,  c.  7). 

4.  The  case.  Caius  was  not  bound  to  go  to  confession 
so  early  in  the  morning  to  the  neighboring  priest.  His 
going  and  inciuiring  for  his  confessor  at  so  unusual  a  time 
could  scarcely  help  creating  suspicion  and  comment.  If 
he  had  no  other  mortal  sins  on  his  conscience  he  was 
not  bound  to  go  to  his  curate;  for  the  danger  of  causing 
him  scandal  and  the  probability  that  he  would  suspect 
who  was  the  accomplice  excused  Caius  from  confessing 
this  sin  to  him.  If  he  had  other  mortal  sins  not  yet  con- 
fessed which  he  could  confess  to  his  curate  without  these 
inconveniences  he  would  be  bound  to  confess  them  before 
Mass.  Otherwise  if  he  has  the  grace  to  make  a  good  act 
of  contrition  he  will  only  be  obliged  to  confess  his  sin  as 
soon  as  possible,  i.e.,  within  the  next  three  days. 

^  Manual  of  Moral  Theology,  vol.  ii,  p.  104  f. 
*  Bucceroni,  vol.  ii,  n.  720. 


6 

NON-FASTING  COMMUNION 

Caius  Missionarius  Rector  statuerat  ipse  Officia  Majoris 
Hebdomadse  peragere,  quum  vero  Feria  VI  in  Parasceve 
male  se  habere  senserit  misit  nuntium  coadjutori  ut  illo 
die  fiinetiones  sacras  perageret.  Rcnimtiabatur  coad- 
jutorem  jam  jentaculum  sumpsisse,  quo  tamen  nonob- 
stante,  Caius  eum  omnia  Officia  consueta  perficere  jussit. 
Quod  quum  theologus  quidam  audisset,  dubitabat  utrum 
licite  esset  factum.     Unde  quseritur: 

1.  Quo  jure  statuatur  jcjunium  ante  Sacram  Commu- 
nionem? 

2.  Num  peccet  qui  statim  post  Communionem  cibum 
sumat? 

3.  Quales  exceptiones  hujus  legis  admittantur? 

4.  Quid  ad  casum? 

Solution 

1.  By  what  law  is  fasting  prescribed  before  Holy 
Communion? 

Although  reverence  for  Holy  Communion  suggests  that 
it  should  be  received  before  any  other  food,  still  in  strict- 
ness it  is  only  the  positive  law  of  the  Church  which  pre- 
scribes fasting  before  Holy  Communion. 

2.  Is  sin  committed  by  taking  food  immediately  after 
Holy  Communion? 

126 


NON-FASTING  COMMUNION  127 

Reverence  also  suggests  tliat  other  food  should  not  be 
taken  immediately  after  Holy  Conununion  Ixit,  as  there 
is  no  law  on  the  point,  sin  is  not  committed  by  taking 
food  immediately  after  Communion. 

3.  What  exceptions  to  the  law  of  fasting  Communion 
are  recognized? 

Danger  of  death,  danger  of  scandal  or  serious  loss  of 
reputation,  danger  of  profanation  of  the  Blessed  Sacrament, 
long  continued  illness  with  incapacity  to  observe  the  fast, 
necessity  of  completing  the  Sacrifice  of  the  Mass,  and 
probably  the  necessity  of  consecrating  the  Viaticum  for 
a  dying  person,  are  recognized  as  valid  excuses  for  saving 
Mass  and  receiving  Holy  Communion  though  not  fasting.^ 

4.  The  case.  As  Good  Friday  is  not  a  day  of  obliga- 
tion, and  no  law  imposes  a  grave  precept  of  saying  the 
Mass  of  the  Presanctified,  Caius  did  wrong  in  bidding  his 
curate  who  had  taken  his  breakfast  perform  that  function 
and  consequently  receive  Holy  Conununion  not  fasting. 
The  curate  might  perhaps  have  performed  the  first  part  of 
the  service  and  omitted  the  Mass  of  the  Presanctified, 
if  a  considerable  number  of  people  had  come  to  church 
in  expectation  of  the  service. 

1  Manual  of  Moral  Theology,  vol.  ii,  p.  111. 


INTENTION    TO    CONSECRATE 

Caius  sacerdos  dubius  utrum  cogitationi  pravse  con- 
sensum  praestitisset  anxius  celebrare  Missam  incoepit. 
Inter  Missam  celebrandam  nunc  se  consensisse  nunc  aliter 
judicabat,  et  dubiis  occupatus  ministrum  parvam  hostiam 
pro  communione  cjuum  in  altari  SS.  Sacramentum  non 
fuerit  reservatum  in  corporali  apposuisse  non  advertit. 
Post  communionem  sumptam  et  auditum  Confileor  a 
ministro  recitatum  aspexit  et  parvam  hostiam  in  corporali 
vidit.  Quid  faciendum  primo  nesciebat,  sed  mox  recor- 
datus  se  aliquot  abhinc  annis  propositum  efformasse 
consecrandi  in  Missa  cjuidcjuid  decenter  consccrabile  in 
altari  esset  appositum  quamvis  postea  propositum  oblitum 
nunquam  renovasset  pro  communione  hostiam  ministro 
prsebuit.  Postea  tamen  dubiis  cruciatus  petiit  a  con- 
fessario  utrum  celebrando  sine  praevia  confessione  aut 
contritione  peccasset,  et  utrum  hostiam  ministro  dare 
debuisset.     Unde  quaeritur: 

1.  Quid  requiratur  ad  validam  Eucharistia?  consecra- 
tionem? 

2.  Quomodo  peccet  sacerdos  in  mortali  celebrans? 

3.  Quid  ad  casum? 

128 


INTENT  ION   TO  CONSECRATE  129 

Solution 

1.  What  is  retiuired  lor  the  vahd  consecration  of  the 
Eucharist? 

The  proper  matter  must  be  physically  present  and  must 
bo  determined  by  the  intention  of  the  priest  when  he 
utters  the  words  of  consecration.' 

2.  How  does  a  priest  sin  who  celebrates  in  mortal  sin? 
He  commits  several  mortal  sins:     by  consecrating  the 

Holy  Eucharist  in  sin,  by  communicating  in  sin,  and  by 
administering  Holy  Communion  to  himself  though  he 
knows  that  he  is  unworthy  to  receive  it.^ 

.'^.  The  case.  Caius  should  have  made  u|)  his  conscience 
finally  before  saying  Mass  as  to  whether  he  had  sinned  or 
not.  Frcciuently  this  can  be  done  in  such  cases  by  means 
of  j)r(>suniptioiis.  If  more  frecjuently  than  not  he  consents 
to  such  bad  thoughts  wlicn  attacked  by  them,  he  should 
presume  that  lie  consented  in  this  doubtful  case,  and 
should  go  to  confession.  If  he  does  not  usually  consent, 
the  presumption  is  in  his  favor,  and  he  may  conclude  that 
he  did  not  consent  in  this  doubtful  case.  If  he  can  not 
make  up  his  mind  but  remains  in  doubt  he  should  at  least 
elicit  an  act  of  contrition  before  saying  Mass.  He  should 
not  have  given  the  host  for  Communion  to  his  server, 
for  it  could  hardly  have  been  consecrated  under  the  cir- 
cumstances. An  actual  or  at  least  virtual  intention  is 
recjuired  for  the  validity  of  the  consecration.  He  had 
not  an  actual  intention,  for  he  had  not  noticed  the  small 
host  until  the  communion.  Nor  had  he  a  virtual  intention, 
for  the  pm'pose  which  he  had  formed  many  years  before 

'  Manual  of  Moral  Theology,  vol.  ii,  p.  84. 
2  Ibid.,  p.  33. 


130  CASES  OF  CONSCIENCE 

of  consecrating  whatever  was  capable  of  being  consecrated 
with  decency  had  not  been  renewed,  and  had  been  forgotten. 
It  could  not  then  continue  to  have  an  influence  on  the 
act  of  consecration,  and  some  influence  is  required  for  a 
virtual  intention.  We  must,  then,  conclude  that  the  small 
host  was  not  consecrated  and  it  should  not  have  been  given 
for  communion. 


DOUBTFUL   CONSECRATION 

Episcopus  qiiidam  ordinavorat  diiodecim  neo-sacer- 
dotes,  at  post  ejus  coniinunioncm  animadvcrsum  est 
in  credentia  ad  latus  altaris  ciboriimi  quod  hostias  ad 
neo-sacerdotes  communicandos  continebat  ex  inadver- 
tentia  fuisse  relictum.  Dubitantem  magistrum  cere- 
moniarum  quid  esset  faciendum  monct  unus  suggcrendum 
esse  Episcopo  ut  hie  et  nunc  consecret  ciborium  sub 
conditione  et  particulas  consecratas  distribuat;  alter  vero 
insinuat  eas  esse  sine  dubio  jam  consecratas  vi  intentionis 
virtualis  ab  Episcopo  certe  habitat;  tertius  vero  aliquem 
ex  neo-sacerdotibus  debere  super  ciborium  verba  con- 
secrationis  proferrre  ut  certo  sit  consecratum;  quartus 
denique  totidem  hostias  ex  tabernaculo  esse  extrahendas 
ut  neo-sacerdotes  Missam  a  singuHs  simul  cum  Episcopo 
celebratam  integrarent.     Unde  quseritur. 

1.  Quid  requiratur  ad  vahdam  in  Missa  consecrationem? 

2.  Quid  ad  Hcitam  consecrationem? 

3.  Quid  in  casu  ab  Episcopo  faciendum,  ct  quid  de 
variis  mediis  magistro  ceromoniaruni  suggestis? 

Solution 

The  first  question  was  answered  above,  p.  129. 
2.  "WTiat  is  required  for  tlie  lawful  consecration  of  the 
Eucharist? 

131 


132  ca:se6  of  cox  science 

For  the  lawful  consecration  of  the  matter  of  the  Eucharist 
the  hosts  must  be  whole,  clean,  and  of  the  usual  size 
and  shape,  the  chalice  and  ciborium  must  be  on  the  cor- 
poral and  uncovered,  and  the  consecration  must  be  in 
Mass  as  it  is  prescribed  to  be  said,  and  under  both  kinds. ^ 

3.  The  case.  The  first  suggestion  is  altogether  inad- 
missible, if  followed  it  would  mean  that  the  bishop  was 
to  say  Mass  again  without  following  the  order  prescribed 
by  the  Church,  and  was  to  consecrate  under  one  species 
alone. 

The  bishop  could  hardly  have  had  an  intention  to  con- 
secrate the  ciborium  according  to  the  second  suggestion, 
for  if  he  had  thought  of  it  at  all  he  would  have  noticed 
that  it  was  not  on  the  altar.  It  is  true  that  it  might  have 
been  validly  consecrated  on  the  credence  table,  but  unless 
the  bishop  actually  intended  to  do  it  this  should  not  be 
assumed. 

The  third  suggestion  has  all  the  inconveniences  of  the 
first,  for  the  newly  ordained  priests  celebrate  Mass  with  the 
bishop. 

The  reason  given  for  the  fourth  suggestion  is  incorrect, 
for  the  hosts  in  the  tabernacle  were  consecrated  in  another 
Mass  and  can  not  be  used  to  integrate  this  Mass.  How- 
ever, this  suggestion  seems  to  be  the  best,  for  thus  the 
new  priests  can  at  any  rate  receive  Holy  Communion, 
though  the  hosts  were  not  consecrated  in  this  Mass  as  they 
should  have  been. 

1  Manual  of  Moral  Theology,  vol.  ii,  p.  85. 


MASS  FOR  A  NON-CATHOLIC 

Caius  vetus  in  Anglia  Missionarius  recenter  pro  Regina 
demortua  preces  privatus  (luidciii  ad  Dcum  fudit,  sod  aliud 
facere  piaculum  fore  existimavit.  Noii  igitur  sine  admira- 
tione  audivit  in  ecclesia  catholica  vicina  servitium  ves- 
pcrtinum  in  mcmoriam,  ut  dicitur,  cum  speciali  sermone 
fuisse  habitum,  in  alia  Missam  fuisse  privatim  applicatam 
ut  sacerdos  ibi  postea  publico  proclamavit,  in  alia  Missam 
de  Requiem  publico  proanima  dcfuncta)  fuisse  colebratam. 
Mirabundus  igitur  Caius  thcologum  consuluit  quid  de 
praidictis  sit  censendum.     Undo  qua^ritur: 

1.  Num  lege  divina  vol  naturali  sit  prohibitum  quominus 
preces  publice  vel  privatim  fundantur,  vol  Missa  appli- 
cetur,  pro  quibuscumquc? 

2.  Quid  prohibcatur  in  hac  materia  lege  ecclesiastica? 

3.  Quid  ad  casum? 

Solution 

1.  Is  it  forbidden  by  divine  or  natural  law  to  pray  publicly 
or  privately  or  to  apply  Mass  for  any  one? 

Apart  from  scandal  or  other  extrinsic  reasons  wo  are 
not  forbidden  by  divine  or  natural  law  to  pray  or  to  offer 
Mass  for  any  one  whom  it  will  benefit.  It  is  useless  to 
pray  or  to  offer  Mass  for  the  damned. 

2.  What  is  forbiddcii  in  this  matter  by  ecclesiastical 
law? 

133 


134  CASES  OF  CONSCIENCE 

The  Church  by  her  sentence  deprives  excommunicated 
persons  of  a  share  in  the  pubhc  suffrages  offered  by  her 
ministers  in  her  name.  All  acknowledge  that  by  this 
law  it  is  forbidden  to  pray  or  offer  Mass  publicly  for  those 
who  are  to  be  avoided  as  excommunicates.  Some  hold 
that  it  docs  not  prohibit  public  prayer  for  those  excommu- 
nicates who  are  tolerated.  Some  think  that  it  is  a  law 
which  has  force  only  in  the  external  forum,  and  that 
privately  we  may  offer  Mass  for  all  whom  it  will  benefit, 
as  we  may  and  certainly  should  pray  for  all  men  privately.  ^ 

3.  The  case.  The  wonder  felt  by  Caius  at  an  evening 
memorial  service  with  sermon  being  held  in  a  Catholic 
Church  for  one  who  had  died  out  of  her  communion,  was 
not  without  grounds.  Such  a  thing  savors  of  heterodoxy, 
not  of  Catholicism,  which  does  not  allow  such  things  to 
be  introduced  into  her  public  worship  by  private  author- 
ity. If  the  priest  who  said  Mass  privately  for  the  dead 
Queen  had  kept  it  to  himself,  nothing  could  have  been 
said  against  him,  but  when  he  announced  publicly  that 
he  had  done  it,  it  was  much  the  same  as  if  he  had  publicly 
announced  beforehand  that  he  was  going  to  do  it,  and  this 
is  not  tolerated  by  the  usage  of  the  Church.  The  Requiem 
Mass  publicly  offered  for  the  dead  Queen  was  contrary  to 
the  practice  of  the  Church,  which  we  should  follow  in  all 
tilings,  and  against  the  express  declaration  of  Gregory 
XVI,  16  Feb.  1842:  "Veteri  ac  nova  disciplina  interdictum 
est  ne  homines  in  externa  notoriaque  heresum  professione 
defuncti  Catholicis  ritibus  honorentur." 

1  Manual  of  Moral  Theology,  vol.  ii,  p.  116. 


10 

STIPENDS  FOR  MASS 

Caius  sacerdos  missionarius  in  Aiiglia  dnm  cxcrcitiis 
spiritualibus  vaeat  sc'rui)uli.s  aiigitur  de  obligationc  ratioiic 
stipcndii  Missse  celebrandse.  Pergit  igitiir  ad  confessarium 
cui  iiaiTat  se  plures  Missas  pro  stipendio  celebrandas 
solere  accipere  qiiam  (luil^us  satisfacere  possit.  Non  vult 
tamen  stipcndia  altcri  saccrdoti  tradere  unde  aliqiiando 
retinet  stipendium  at  non  celebrat  Missam  quod  ob  ])arvani 
quantitatem,  non  enim  excedit  duos  shillingos  cum  di- 
niidio,  sperat  non  esse  mortale.  Aliquando  ctiam  Missse 
celebrationem  ex  stipendio  debitae  differt  ad  quatuor 
vel  sex  menses,  imo  si  agatur  de  stipendiis  traditis  a  pia 
associatione  quadam  ad  devotionem  erga  animas  in 
purgatorio  promovendam  instituta  pro  animal)us  dcfunc- 
torum  in  genere,  sine  scrupulo  ultra  sex  menses  dcbitam 
celebrationem  Missa?  differt.     Unde  quaeritur: 

1.  Unde  oriatur  obligatio  Missae  celebrandse  ratione 
stipendii  accepti,  et  num  sit  obligatio  gravis? 

2.  Intra  quod  tempus  sit  Missa  ratione  stipendii  cele- 
branda? 

3.  Quid  ad  casum? 

Solution 

1.  Whence  arises  the  obligation  of  saying  Mass  by  reason 
of  accepting  a  stipend,  and  is  the  obligation  a  grave  one? 

135 


136  CASES  OF  CONSCIENCE 

The  obligation  of  saying  Mass  for  the  intention  of  the 
person  who  has  given  a  stipend  arises  from  a  contract 
which  the  priest  enters  into  with  the  giver,  and  from  eccle- 
siastical law.  It  is  not  a  contract  of  buying  and  selling, 
but  an  innominate  contract— Do  ut  facias.  The  stipend 
is  given  for  the  support  of  the  priest,  and  the  priest  under- 
takes to  apply  Mass  for  the  intention  of  the  giver.  The 
obligation  is  a  grave  one  of  justice,  as  the  nature  of  the 
obligation,  the  intention  of  the  parties,  and  the  law  of  the 
Church  make  manifest.  Innocent  XII  commanded  that 
"  absolute  tot  Missae  celebrentm'  quot  pra^scriptse  fuerint 
ab  ofTerentibus  eleemosynas." 

2.  Within  what  time  is  Mass  to  be  said  for  which  a 
stipend  has  been  given? 

The  decree  S.  C.  C.  Ut  debita,  11th  May  1904,  answers 
this  question: 

"  Utile  tempus  ad  manualium  Missarum  obligationes 
implendas  esse  mensem  pro  Missa  una,  semestre  pro  cen- 
tum Missis,  et  ahud  longius  vel  brevius  temporis  spatium 
plus  minus ve  juxta  majorcm  vel  minorem  numerum 
Missarum." 

3.  The  case.  In  accepting  more  stipends  for  Masses 
than  he  can  satisfy  Caius  transgressed  the  decree  S.  C.  C, 
Ut  debita,  which  prescribes: 

"  Nemini  licere  tot  Missas  assumere  quibus  intra  annum 
a  die  susceptse  obligationis  satisfacere  probabiliter  ipse 
nequeat."  In  neglecting  to  celebrate  Mass  although 
bound  to  do  so  on  account  of  having  received  a  stipend  for 
it  Caius  committed  grave  sin,  and  he  is  bound  to  restore 
the  stipend  to  the  giver  if  the  occasion  on  account  of 
which  the  Mass  was  asked  for  has  now  passed  by,  or 
otherwise  to  say  the  Mass  as  soon  as  possible.     If  he  can 


STIPENDS  FOR  MASS  137 

not  do  this,  lie  should  hand  over  (he  stipends  to  his  Ordi- 
nary, or  to  some  reliable  priest  of  the  diocese.  In  deferring 
the  celebration  of  Mass  for  which  he  has  accepted  a  stipend 
much  beyond  a  month  he  has  committed  so  many  greivous 
sins. 


11 

FUNDED  MASSES 

Caius  Catholicus  testamento  reliquit  sedes  suas  Titio 
sacerdoti  Missionario  in  Anglia  ea  conditione  ut  in  per- 
petuum  viginti  Missse  singulis  annis  pro  requie  animae 
suse  celebrarentur.  Redditus  annui  ex  sedibus  prove- 
nientes  tunc  facile  viginti  libras  sterlinas  superabant,  unde 
legatum  libenter  Titius  accepit.  Intra  paucos  vero  annos 
ob  dilapidationem  aedium  et  quia  vicinitas  minus  evasit 
honesta,  vix  decimam  partem  prioris  sunomae  singulis 
annis  accepit  moerens  Titius,  unde  numerum  Missarum 
ad  octo  reduxit,  ita  ut  remaneret  una  pro  quinque  shillingis 
taxa  dioecesana;  immo  aliquas  misit  celebrandas  ad  amicum 
Lucium  qui  libenter  dimidiam  coronam  pro  singulis  Missis 
accepit.     Unde  quseritur: 

1.  Quid  sint  Missse  manuales  et  fundatae? 

2.  Ad  quem  spectet  accipere  et  reducere  onera  Missarum? 

3.  Num  liceat  transferre  onus  Missse  celebrandae  alteri, 
parte  stipendii  retenta? 

4.  Quid  ad  casum? 

Solution 

1.  What  are  manual  and  funded  Masses? 

The  distinction  is  explained  in  the  decree  S.  C.  C,  Ut 
dehita,  May  11,  1904:  "  Declarat  S.  Cong,  manuales  Missas 
prsesenti  decreto  intelligi  et  haberi  eas  omnes  quas  fideles 

138 


FUNDED  MASSES  139 

oblata  maniiali  stipe  colebraii  postulant,  cuilibet  vel 
quomodoc unique  sive  brevi  manu  sive  in  testamentis 
hanc  stipem  traclant,  (luininodo  pcrpetuam  fundationem 
non  constituaiit,  vcl  taleni  ac  tani  diuturiiam  ut  tanquam 
perpetua  hal)cri  dobeat." 

2.  To  whom  does  it  belong  to  accept  and  to  reduce  the 
burden  of  Masses? 

The  Fourth  Council  of  Westminster  (d.  X  n.  11  says): 
"  Meminerint  ecclesiarum  cleri  sa^cularis  rectores  soli 
Episcopo  competere  jus  onera  Missarum  sive  sint  tem- 
poralia  sive  perpetua  ecclesiis  imponciidi;  et  onera  jam 
imposita  nee  mutari  nee  minui  posse  inconsulta  Sancta 
Sede."  The  consent  of  the  bishop  (or  of  the  regular 
prelate  for  Religious)  is  not  required  for  the  validity, 
but  only  for  the  lawfulness  of  the  transaction.^ 

3.  Is  it  lawful  to  transfer  the  burden  of  saying  Mass  to 
another  while  retaining  part  of  the  stipend? 

No,  as  a  general  rule.  The  decree  Ut  debita  saj^s: 
"  Decemitur  stipem  a  fidelibus  assignatam  nunquam 
separari  posse  a  Missa^  celebratione,  neque  in  alias  res 
commutari  aut  imminui  sed  celebranti  ex  integro  et 
in  specie  sua  esse  tradendam."  In  certain  cases,  however, 
it  is  not  unlawful  to  retain  part  of  the  stipend,  as,  for 
example,  when  more  than  the  ordinary  sum  has  been  given 
out  of  friendship,  or  other  special  reason,  when  the  priest 
who  says  the  Mass  without  being  asked  vohuitai-ily  fore- 
goes part  of  the  stipend,  or  when  there  is  question  not  of 
manual  but  of  funded  Masses  in  the  strict  sense  annexed 
to  a  church .2 

4.  The  case.      Titius  went  beyond  liis  j)owers  when  he 

1  Gasparri,  De  Eucharistia,  vol.  i,  n.  561. 
"Lehmkuhl,  vol.  ii,  n.  281,  11th  edition. 


140  CASES  OF  CONSCIENCE 

accepted  the  legacy  without  the  consent  of  the  bishop, 
as  is  clear  from  what  was  said  above.  Titius  still  further 
exceeded  his  authority  when  he  reduced  the  number  of 
Masses  to  be  said  on  account  of  the  reduction  of  income  from 
the  property.  He  should  have  recourse  to  the  Holy  See, 
say  what  he  has  done,  and  ask  what  he  is  to  do  in  the  matter 
in  future.  Under  the  circumstances  he  did  not  do  wrong 
in  getting  his  friend  Lucius  to  say  some  of  the  Masses  for 
half-a-crown,  which  is  commonly  given  as  a  stipend  for 
Mass  by  the  poor  in  England.  No  definite  sum  had  been 
apportioned  by  the  testator  for  the  celebration  of  each 
Mass. 


12 

TRADING  IN  MASSES 

Caius  sacerdos  scripsit  ad  Titium  pariter  sacerdotem 
et  auctorem  libri  theologici  ac  petiit  ut  exemplar  dicti 
libri  ad  se  mitteretur.  Auctor  librum  misit  et  simul 
scripsit  optimum  modum  solvendi  pretium  fore  ut  Caius 
quinquc  Missas  celebraret,  se  enim  liabere  plures  inten- 
tiones  quam  quibus  satisfacere  possit,  et  istas  quinque 
jam  in  manibus  esse  a  duobus  mensibus.  Caius  vero 
dubitat  utruin  sibi  liceat  ita  librum  cmere,  immo  Titium 
contra  decretum  S.  C.  C.  Mail  11,  1904,  deliquisse  putat. 
Unde  quaeritur: 

1.  Quomodo  monstretur  esse  licitum  ac  honestum  stipen- 
dia  pro  Missis  accipere? 

2.  Quid  S.  C.  C.  statuerit  Mali  11,  1904,  de  dubiis  in  casu 
tractandis? 

3.  Quid  ad  casum? 

Solution 

1.  How  is  it  shown  that  it  is  lawful  to  receive  stipends 
or  Masses? 

The  Mass  is  not  sold  for  the  stipend,  but  the  priest 
undertakes  to  say  a  Mass  for  the  intention  of  the  person 
who  asks  for  it.  But  it  is  only  right  and  proper  that  one 
who  occupies  himself  for  the  benefit  of  another,  should 
receive  his  support  or  part  of  it  from  him  for  whose  benefit 

141 


142  CASES  OF  CONSCIENCE 

he  labors.  A  soldier  fighting  or  training  to  do  so  for  his 
country's  defence  has  a  right  to  be  supported  meanwhile 
at  his  country's  expense.  In  the  same  way  the  stipend 
is  given  to  the  priest  for  his  support  by  one  who  benefits 
spiritually  by  the  priest's  celebration  of  Mass. 

2.  What  did  the  S.  C.  C.  decree  May  11,  1904,  bearing 
on  the  points  in  the  case? 

The  decree  S.  C.  C,  Ut  dehita,  contains  the  following: 
"  Eleemosynam  Missse  numquam  separari  posse  a  Missse 
celebratione,  neque  in  alias  res  commutari  aut  imminui, 
sed  celebranti  ex  integro  et  in  specie  sua  esse  tradendam;" 
porro,  "  libros,  sacra  utensilia  vel  quaslibet  alias  res  ven- 
dere  aut  emere  et  associationes  (ut  vocant)  cum  diariis 
et  ephemeridibus  inire  ope  Missarum  nefas  esse  atque 
omnino  prohiberi.  Hoc  autem  valere  non  modo  si  agatur 
de  Missis  celebrandis,  sed  etiam  de  celebratis,  quoties  id 
in  usum  et  habitudinem  cedat  et  in  subsidium  alicujus 
commercii  vergat." 

3.  The  case.  Caius  would  seem  to  have  interpreted 
the  decree  too  strictly  The  decree  indeed,  forbids  trad- 
ing with  stipends  for  Masses,  and  as  a  general  rule  pre- 
scribes that  the  whole  stipend  received  for  a  Mass  is  to 
go  to  the  priest  who  says  the  Mass.  It  is  specially  forbidden 
for  booksellers  to  collect  intentions  for  Masses  and  get 
them  said  by  priests  who  receive  books  instead  of  the  sti- 
pends. However,  Titius  did  none  of  these  things.  He  had 
some  Masses  to  be  said  for  stipends,  and  he  was  at  liberty 
to  ask  Caius,  if  he  knew  him  to  be  an  honest  priest,  to  say 
some  of  those  Masses.  Caius  was  indebted  to  Titius  for 
the  price  of  the  book.  It  was  lawful  to  square  accounts 
without  the  necessity  of  sending  money  backwards  and 
forwards.     Fr.    Lehmkuhl    says:     "Solum    si    [sacerdos] 


TRADING  IN  MASSES  143 

siiperfliui  stipcndia  non  dc  industi'ia  collecta  haliet  autque 
Missas  celobraiidas  cum  juro  ad  intogra  stipendia  aliis 
sacerdotibus  committit,  hi  vcro  aliunde  pormoti  ab  illo 
folia  periodica  emuiit,  liccbil  (•oinpiitiiiii  dati  ci  accepti 
facere."^ 

'  Casus  Conscionfia',  vol.  ii,  ii.  223. 


13 

MASS   IN   A   PRIVATE   ROOM 

Caius  recenter  ordinatus  sacerdos  multum  desiderat 
missam  praesente  patre  celebrare.  Pater  tamen  valde 
senex  est,  nee  unquam  e  lectulo  surgit,  unde  erit  neces- 
sarium  lit  Cains  in  patris  cubiculo  private  celebret  si 
quod  desiderat  effectum  sortiatur.  Vult  igitur  scire 
quid  ut  desiderium  impleatur  sit  faciendum.  Unde 
quaeritur: 

1.  Quonam  loco  sit  Missa  celebranda? 

2.  Num  Episcopus  licentiam  celebrandi  in  cubiculo 
privato  dare  possit? 

3.  Quid  ad  casum? 

Solution 

1.  In  what  place  should  Mass  be  celebrated? 

By  ecclesiastical  law  Mass  may  regularly  be  said  only 
in  churches  and  in  oratories  dedicated  solely  to  the  service 
of  God  and  therein  on  duly  consecrated  altars.  The  Council 
of  Trent  forbade  bishops  to  allow  priests  to  say  Mass  in 
private  houses,  though  bishops  have  the  personal  privilege 
of  saying  Mass  on  a  portable  altar  in  private  houses  in 
which  they  may  be  staying.  In  the  United  States  bishops 
commonly  have  a  privilege  granted  by  the  Holy  See  of 
allowing  priests  to  say  Mass  in  any  decent  place,  but  they 
are  told  to  do  this  only  once  in  a  way,  and  on  account  of 

144 


MASS  IN   A    I'UIVATK  ROOM  145 

special    circumstancos.     Tlic    superiors    of    some    regular 
Orders  have  a  similar  privilege. ^ 

2.  Can  a  bishop  give  leave  to  celebrate  Mass  in  a  private 
room? 

As  has  just  been  said  he  can  not  !>>'  his  ordinary  powers. 
It"  he  has  the  special  privilege  granted  by  the  Holy  See 
of  which  mention  has  just  been  made,  he  may  grant  per- 
mission once  in  a  way  on  account  of  special  reasons. 

3.  The  case.  It  is  clear  from  what  has  been  said  that 
Caius  can  not  say  Mass  in  his  father's  room  without  special 
leave  from  the  Holy  See,  or  from  the  bishop,  or  regular 
superior  in  case  Caius  is  a  Religious,  if  they  have  the  special 
privilege  of  allowing  such  an  act.  The  occasion  and  the 
circumstances  would  seem  to  justify  the  exercise  of  such 
a  special  privilege,  if  the  bishop  or  regular  superior  think 
proper  to  indulge  the  very  filial  desire  of  Caius. 

I  Manual  of  Moral  Theology,  vol.  ii,  130. 


14 

MASSES  FOR  THE  DEAD 

Caius  sacerdos  cujusdani  ordinis  religiosi  audit  Julium 
ejusdem  ordinis  socium  recenter  esse  mortuum  et  ipso  die 
esse  sepeliciidum.  Dies  proximus  est  ritus  duplicis  quo 
si  per  leges  ecclesiasticas  sit  licitum,  vellent  Caius  et  alii 
socii  sacerdotes  qui  eidem  ecclesiae  inserviunt  Missam 
de  Requie  pro  anima  Julii  celebrare.  Rogat  igitur 
Caius  utrum  hoc  sit  licitum  vel  decreto  Mali  19,  1896,  vel 
decreto  S.  R.  C.  Dec.  11,  1897,  quo  mutatur  Rubrica  Mis- 
salis  De  Missis  Defunctorum,  n.  2,  in  hunc  modum;  loco 
verborum — "  pr£eterquam  in  Festis  duplicibus  et  Do- 
minicis  diebus  " — leguntur  sequentia: 

"  Missse  privatse  pro  Defunctis  ut  in  die  obitus  seu 
depositionis  etiam  in  duplicibus  celebrari  possunt  prse- 
sente,  insepulto,  vel  etiam  sepulto  non  ultra  biduum 
cadavere;  exceptis  duplicibus  primae  classis,  diebus 
duplicia  primae  classis  excludentibus,  et  Festis  de  prse- 
cepto."     Unde  quseritur : 

1.  Quandonam  permittitur  et  prohibetur  Missa  exe- 
quialis? 

2.  Quandonam  permittitur  et  prohibetur  Missa  privata 
pro  Defunctis? 

3.  Quid  ad  casum? 

146 


MASSES  FOR  THE  DEAD  147 

Solution 

1.  Oil  what  days  may  a  solemn  or  sung  Mass  for  the  dead 
be  said? 

Prascntc  corpore  cclebrari  potest  ornni  die,  dum  tamcn 
Missa  convcntualis,  ubi  obligat,  aut  parocliialis,  si  sit 
dies  dominica  ilut  festiva,  et  officia  divina  non  impediantur, 
magnaque  diei  celebritas  non  ()l)st('t.' 

A  list  of  the  days  on  which  according  to  this  rule  solemn 
or  sung  Mass  for  the  dead  is  forbidden  is  usually  given  in 
the  Ordo. 

2.  When  may  a  private  Mass  for  the  dead  be  said? 
Prohibetiu'    omnibus    diebus    dominicis    et    dui)li('ibus; 

diebus  infra  octavas  Iilpiphania",  Paschatis,  Pcntecostes, 
SS.  Corporis  Christi,  ct  Nativitatis  Domini,  feria  quarta 
Cinerum,  tota  Hebdomada  sancta,  vigiliis  Epiphania^, 
Pentecostes,  et  Nativitatis  Domini;  tempore  expositionis 
SS.  Sacramenti  ob  causam  privatam,  ad  altare  exposi- 
tionis tantum;  quando  autem  exponitur  ob  causam 
publicam,  ad  omnia  altaria  ecclesia);  diebus  stationis 
ecclesia?  vel  alterius  solemnitatis.  Omnibus  reliquis  die- 
bus  Missa  privata  de  Requie  permittitur.^ 

Moreover,  Juxta  decretum  S.  R.  C.  Maii  19,  1896  in 
quolibet  sacello  sepulcreti,  rite  erecto  vel  erigendo,  Missae 
quse  inibi  celebrari  permittuntur,  possunt  esse  de  Requie 
diebus  non  ini})editiK  a  Festo  dnplici  1  vol  2  classis,  a  do- 
minicis, aliisque  Festis  de  pnecepto  servandis,  necnon  a 
Feriis  Mgiliis  Octavisque  privilegiatis.  Ibid.  n.  64.  And, 
"Pro  paupcre  defuncto  cujus  familia  impar  est  solvendi 
expensas  Missae   exequialis,   cum  cantu,   hsec    Missa   legi 

^  De  Herdt,  Sacnc  lit.  Pra.\is,  n.  56. 
2  De  Herdt,  n.  63. 


148  CASES  OF  CONSCIENCE 

potest  sub  eisdem  clausulis  et  conditionibiis  quibus  Missa 
cum  cantu  conccditur,  dummodo  in  dominicis  aliisque 
Festis  de  prsecepto  iioii  omittatur  Missa  officio  diei  cur- 
rentis  respondens. 

"In  ecclesia  vel  oratorio  turn  pul)lico  turn  privato  et  in 
Sacellis  ad  Seminaria,  Collegia,  ac  Religiosas  vel  pias 
utriusque  sexus  Communitates  spectantibus,  ea  die  qua 
ibi  fit  funus  cum  Missa  solemni  exequiali,  toto  tempore 
quo  defuncti  corpus  physice  aut  moralitcr  pra^sens  est, 
permittuntur  Missse  privatse  de  Requie  modo  appli- 
centur  pro  ipso  defuncto;  exceptis  sequentibus  diebus: 
omnibus  dominicis;  omnibus  Festis  duplicibus  1  classis: 
Feriis  privilegiatis  IV  Cinerum  et  II,  III,  IV  Sanctse 
Hebdomadae;  Vigiliis  Nativitatis  Domini  et  Pentecostes; 
diebus  octavis  Nativitatis  Domini  et  Epiplianise."  ^ 

3.  The  case.  Caius  may  have  one  solemn  or  sung  Mass 
de  Requie  on  the  day  mentioned,  as  De  Herdt  says,  n.  58. 
Private  Masses  de  Requie  are  forbidden,  as  the  body  of 
Julius  is  not  present  either  physically  or  morally.  If 
the  body  of  Julius  were  present  all  the  priests  might  say 
a  private  Mass  de  Requie  for  the  repose  of  his  soul,  but 
if  they  were  said  in  a  church  or  public  oratory  they  should 
be  said  on  the  day  when  a  solemn  or  sung  Mass  was  said 
for  the  funeral. 

»  De  Herdt,  n.  57. 


15 

ALTAR  FURNITURE 

Caius  sacerdos  curam  gercbat  alicujus  missionis  in 
Anglia.  Quam  missionem  qiiiim  Episcopus  visitaret  aliqua 
legibus  ecclcsiasticis  minus  congruentia,  ut  ipsi  vidcbatur, 
invenit.  Inter  alia  enim  casula  fill  serici  flavi  coloris  ad 
Missam  adhibebatur;  alia)  casula?  ex  serico  cum  cottone 
mixto  exterius,  intcrius  vero  ex  alpaca  conficiebantur; 
lux  electrica  tabcrnaculo  hinc  inde  adhairebat,  et  ad 
lumen  dandum  inserviebat;  calix  Missse  inserviens  cele- 
brandse  nomen  dantis  circa  pedem  insculptum  gerebat 
cum  inscriptione  Ora  'pro  felici  statu  N.  addita.  Epis- 
copus cdicto  visitationis  praescripsit  hsec  esse  juxta  rubri- 
cas  reformanda,  nisi  probatos  auc tores  qui  ea  permit- 
terent  allegare  posset  Caius.     Unde  Caius  qua^rit: 

1.  Ex  qua  materia  sint  casula?  conficienda?? 

2.  Num  color  vestium  pro  Missa  sit  sub  poccato  ser- 
vandus? 

3.  Quid  de  luminibus  altaris  sit  praescriptum? 

4.  Quid  ad  casum? 

Solution 

1.  Of  what  material  should  the  chasuble  be  made? 

Chasubles  should  be  of  silk,  or  silver  or  gold  cloth, 
a'though  the  cross  and  other  ornaments  on  them  may  be 
of  linen,  wool,  or  cotton.^ 

^  Gasparri,  De  SS.  Eucharistia,  n.  692. 
140 


150  CASES  OF  CONSCIENCE 

2.  Is  the  color  of  the  vestments  a  matter  of  precept? 
Yes,  of  hght  precept,  according  to  St.  Alphonsus,  VI, 

378. 

3.  AMiat  is  prescribed  about  the  ligiits  of  the  altar? 
There  should  be  two  wax  lights,  or  more  according  to 

the  quality  of  the  Mass,  on  the  altar  while  Mass  is  being  said. 
Besides  these,  no  lights  should  be  placed  on  the  altar, 
though  nothing  prevents  lamps,  gas,  or  the  electric  light, 
from  l^eing  used  in  the  church  to  give  light;  but  any 
theatrical  effect  should  be  avoided. ^ 

4.  The  case.  Yellow  vestments  have  often  been  for- 
bidden and  they  should  not  be  used.- 

Chasubles  of  silk  mixed  with  cotton  should  not  be  used; 
unless  the  cotton  appears  only  in  the  ornaments  and 
accessories.  The  Sacred  Congregation  of  Rites  answered 
(23  March,  1882)  that  lining  of  cotton  or  linen  or  wool, 
and  we  may  add  alpaca,  for  silk  chasubles  could  be  tol- 
erated in  poor  churches. 

The  electric  light  on  the  tabernacle  is  forbidden  (S.  R.  C. 
13  April,  1883). 

There  is  nothing  reprehensible  in  the  inscription  on  the 
chalice. 3 

1  Genicot,  Theol.  Moral.  Institutiones,  vol.  ii,  p.  246., 

2  Gasparri,  De  SS.  Eucharistia,  n.  693. 
'  Ibid.,  n.  749. 


PENANCE 


DOn^TFrL  MATTER 

TiTius  annos  viginti  iiatus  coiiversus  ad  fidem  Cathol- 
icam  et  sub  conditione  baptizatus  propter  dubium  de 
priorc  baptismo  in  ecclesia  anglicana  recepto,  sanctis- 
.simaiii  vitam  institucrc  iiiccpit.  Sabbatis  singul's  con-  \J 
fitebalur  at  (luia  plci'unniuo  iionnisi  eadem  levia  peccata 
habebat,  aliquod  pcccatum  grave  a  se  adhuc  protestantico 
commissum  adjungcbat;  imo  seniel  ex  (juadam  vere- 
cund'a  propter  eadem  semper  repetita  simpliciter  dixit 
"  Aliqua  levia  peccata  commisi  et  peto  absolutionem." 
Confes  ariu  vero  diil)itat  iitrum  talis  confessio  sufficiat 
ad  valid  tatem  sacramenti,  quod  dubium  deinde  extenditur 
ad  illud  peccatum  vita)  prseterita)  (juod  Titius  adjungere 
solebat      Uiide  qua^ritur: 

1    Quirnam  sit  materia  sacramenti  pcrnitentiic? 

2.  Num  materia  valida  sit  eadem  licita? 

3.  Num  liceat   absolutionem   diuv  (juando  materia  sit 
dubia? 

4.  Quid  ad  casuni? 

Solution 

1.  ^^^lat  is  the  matter  o'  the  sacrament  of  Penance? 
The  remote  matter  of  Penance  are   the  sins  which  the 
penitent  has  committed  after  Baptism.     Mortal  sins  are 

151 


152  CASES  OF  COX  SCIENCE 

necessary  matter  inasmuch  as  each  and  all  must  be  con- 
fessed; venial  sins  and  ni(3rtal  sins  which  have  been  con- 
fessed and  absolved  before,  are  free  matter  and  sufficient 
for  absolution.  According  to  the  conunon  ophiion,  the 
proximate  matter  of  Penance  are  the  acts  of  contrition, 
confession,  and  satisfaction,  performed  by  the  penitent.^ 

2.  Is  matter  which  is  valid  also  lawful? 

The  question  is  chsputed.  The  difficulty  arises  about 
the  sufficiency  of  confession  in  general  terms,  when  the 
penitent  has  no  necessary  matter.  May  a  penitent  be 
absolved  if  he  says  simply:  "I  accuse  myself  of  some 
light  faults.''  Absolution  in  such  a  case  is  vahd,  and  some 
divines  say  that  it  is  also  lawful,  as  there  is  no  precept 
wliicli  l)inds  the  jjcnitent  to  say  more  about  matter  which 
he  is  free  to  confess  or  not.  Other  divines  say  that  if  such 
a  penitent  chooses  to  confess  light  matter,  he  is  bound 
to  particularize  it,  so  that  the  confessor  may  be  able  to 
pass  judgment  on  it,  and  the  opposite  opinion  would  lead 
to  abuse. ^ 

3.  Is  it  allowable  to  give  absolution  when  the  matter  is 
doubtful? 

No,  it  is  not  generally  lawful.  The  priest  as  minister 
of  the  sacrament  is  bound  to  procure  certain  matter  as  far 
as  he  can;  otherwise  the  sacrament  is  exposed  to  the 
danger  of  nullity.  Sometimes,  as  when  the  penitent  is 
in  danger  of  death,  and  certain  matter  can  not  be  procured, 
the  confessor  may  give  conditional  absolution.3 

4.  The  case.  Titius,  a  convert  from  Protestantism, 
used  to  mention  a  grave  s'n  of  his  past  life  when  he  went 

1  Manual  of  Moral  Theology,  vol.  ii,  148  ff, 

2  Ibid.,  150. 
'■>  Ibid.,  153. 


DOlJiTl'lL  MATTER  lo3 

to  confession,  to  make  sure  of  sufficient  matter.  As  the 
sin  was  committed  by  him  while  lie  was  a  Protestant  and 
only  probably  baptized,  it  is  only  doubtful  matter  of 
penance,  and  the  nicntioning  of  it  is  useless  for  Titius' 
purpose.  He  also  confessed  some  venial  sins  under  the 
general'  formula:  "I  have  committed  some  venial  sins 
and  ask  for  absolution.'  Althouj^h  theoretically  there 
is  ground  for  saying  that  such  a  confession  is  valid  and 
lawful,  yet  it  is  against  tlio  ])racti('('  of  Iho  Cliui'cli,  is  liable 
to  lead  to  abuse,  and  should  not  be  used  nor  ordinarily 
allowed  by  confessors. 


A  CONVERT'S  CONFESSION 

Albertus  anglicanus  in  Ecclesiam  Romse  fuit  receptus 
a  quodani  sacerdote  Romano  (jm  ab  eo  iitpote  dubie 
baptisato  in  secta  anglicana  confcssionem  integram  non 
exegit.  Reversus  in  patriam  Albertus  illud  narrabat 
Titio  parocho  et  confessario  qui  exinde  scrupulis  ange- 
l)atur.  Legerat  enim  apud  auctorem  recentem  (luses- 
tionem  de  confessione  dubie  baptisatorum  integra  exi- 
genda  quando  in  Ecclesiam  recipiantur  esse  practice 
solutam,  et  nunc  constare  a  talibus  confessionem  integram 
esse  jure  divino  faciendani.  (^use  sententia  si  sit  vera, 
Albertus  jure  divino  obligatione  cui  iiondum  satisfecit 
teneri  videtur.  Wilt  igitur  scire  Titius  utrum  eum  de 
hac  obligatione  monere  debeat.     Unde  qua3ritur: 

1.  Qusenam  sit  materia  sacramenti  PcEnitentise? 

2.  Quid  facere  debeat  confessarius  (jui  neo-conversum 
in  Ecclesiam  recipiat? 

3.  Qusenam  pra^cipua  documenta  de  confessione  in  tali 
casu  exigenda  promanarint? 

4.  Quid  ad  casum? 

Solution 

The  first  (luostion  is  answered  above,  p.  151. 
2.  What  ought  a  priest  to  do  wiien  he  receives  a  convert 
into  the  Church? 

154 


A  CONVERT'S  CONFESSION  165 

He  must  first  of  all  see  to  his  instruction  in  the  Catholic 
faith,  and  then  inquire  ah)out  his  Baptism.  If  the  convert 
was  never  baptized,  he  is  only  required  to  make  a  profes- 
sion of  faith.  If  he  has  been  validly  baptized,  besides  a 
profession  of  faith  he  must  be  absolved  from  censures, 
and  then  be  absolved  in  confession  from  his  sins.  If 
there  be  a  doubt  about  his  Baptism,  he  must  make  a  pro- 
fession of  faith  and  be  baptized  conditionally,  in  England 
with  holy  water  in  secret  without  the  ceremonies.  He 
must,  furthermore,  make  a  full  confession  of  all  the  mortal 
sins  of  his  life,  and  receive  conditional  absolution  from 
them.  In  some  dioceses  leave  from  the  bishop  is  required 
to  receive  a  cunvei't.^ 

3.  What  are  the  chief  documents  that  have  been  issued 
about  requiring  a  full  confession  in  such  a  case? 

The  following:  I  Westmon.  d.  XI,  n.  8;  S.  O.  17  Junii 
1715,  17  Dec.  18G8,  20  Julii  1859;  S.  C.  de  P.  F.  12  Julii 
1869;  Tanquerey,  De  Poenit.  n.  133 ;  Collectanea  S.  C.  de  P.  F 

4.  The  case.     Albert,  an  Anglican  doubtfully  baptized 
was  received  into  the  Church  by  a  priest  in  Rome  who 
did  not  require  him  to  make  a  full  confession  of  his  life 
When  Albert  returned  to  England,  he  told  this  to  Titius 
his  parish  priest,  who  was  in  doubt  whether  a  full  con- 
fession was  not  still  obligatory  by  di\ine  law. 

According  to  the  principles  laid  down  by  some  theolo- 
gians {v.g.  Lehmkuhl,  Casus,  II,  n.  288;  Tanquerey,  De 
Poenit.  n.  34,)  Albert  would  seem  still  to  be  under  the 
obligation  of  making  a  full  confession.  It  is  advisable 
that  he  should  do  so,  but  the  strict  obligation  is  difficult 
to  prove.  The  arguments  adduced  to  prove  it  are  not 
conclusive.     The  Cardinal  Prefect  of  Propaganda  indeed 

>    .1  Form  for  the  Reception  of  a  Convert,  C.  T.  S.,  1901. 


156  CASES  OF  CONSCIENCE 

did  declare  July  10,  1869,  that  the  answer  of  the  Holy 
Office  Dec.  17,  1868,  "  contained  a  universal  law,"  but  a 
private  assertion  made  by  a  Prefect  of  Propaganda  could 
not  make  it  a  universal  law  if  it  was  not  one  already. 
No  universal  legislative  authority  has  ever  made  such  a 
law.     Nor  is  there  a  presumption  of  law  with  regard  to 
the  matter  in  hand.     There  is  such  a  presumption  with 
regard  to  a  question  of  the  validity  of  marriage.     It  is  a 
well-recognized  rule  of  law  that  doubtful  Baptism  is  pre- 
sumed valid  in  questions  concerning  the  validity  of  sub- 
sequent marriage,  but  this  presumption  of  law  must  not 
be  transferred  to  quite  another  matter  such  as  this  is. 
And  if  it  be  said  that  the  Church  has  jurisdiction  over  those 
who  are  doubtfully  baptized,  this  has  to  be  proved.     If 
in  fact  the  person  is  not  baptized,   the  Church  has  no 
jurisdiction  over  him:    "  For  what  have  I  to  do  to  judge 
them  that   are  without?"    (1  Cor.  v.  12). i     It  seems  still 
to  be  probable  that  a  full  confession  is  only  necessary  by 
positive  law,  and  in  places  where  such  positive  law  binds, 
as  in  Great  Britain  and  in  the  United  States  of  America. 
But  as  Albert  was  received  in  Rome  where  there  is  no 
positive  law  on  the  point,  he  need  not  be  required  to  make 
a  full  confession  after  his  return  to  England. 

1  Cf.  Wernz,  Jus  Decretalium,  iv,  n.  508. 


3 

AN   ANXIOUS    PENITENT 

Catharina,  anxietatibus  vexata,  suam  oonscientiam 
confessario  aperit.  Dicit  sc  vellc  quidein  iioii  offendisse 
Deum,  sed  non  dolere  de  peccatis,  aut  saltern  multo 
minus  de  eis  dolere  quam  de  malis  temporalibus.  Porro 
affirmat  se  c  rtam  esse  iterum  se  lapsuram  in  ea<^lem 
peccata,  statim  vel  inter  paucos  dies  post  confessionem; 
ac  denique  nisi  timor  infcrni  obstaret,  se  forniidari  no 
Dei  famulatum  desereret,  et  vitiis  indulgeret,  quum  nihil 
propter  amorem  Dei  faciat.  Hinc  putat  se  nullo  modo 
esse  dispositam  ad  absolutionem  sacramentalem  accipicn- 
dam.     Undo  qua?ritur: 

1.  C^uid  requiratur  ex  parte  poenitentis  ad  validitatem 
sacramenti  Poenitentise? 

2.  Quid  significct  apud  theologos  illud:  Doloreni  debere 
esse  summum? 

3.  Quid  ad  casum? 

Solution 
1.  What  is  required  for  the  validity  of  tlie  sacrament  of 
Penance  on  the  part  of  the  penitent? 

For  the  validity  of  Penance  the  penitent  must  make  a 
formally  integral  confession  of  all  the  mortal  sins  which 
ho  has  connnittod  after  Baptism  and  whicli  liavo  not  been 
directly  absolved,  and  lie  nnist  havo  true  and  supernal ui-al 
sorrow  for  them 

157 


158  CASES  OF  CONSCIENCE 

2.  AVhat  do  theologians  mean  when  they  sa}^  that  sorrow 
for  sin  must  be  supreme? 

They  mean  that  the  sinner  must  regard  sin  as  the  great- 
est of  all  evils,  and  that  he  must  be  prepared  to  do  and  to 
suffer  anything  rather  than  commit  sin  again. ^ 

3.  The  case.  Catherine  tells  her  confessor  that  she  wishes 
that  she  had  not  offended  God,  but  that  she  has  no  sorrow 
for  her  sins,  or  at  least  much  less  sorrow  for  them  than  for 
temporal  evils.  Catherine  probably  means  that  she  does 
not  feel  sorrow  for  her  sins,  as  she  does  for  temporal  evils. 
She  should  be  told  that  the  sorrow  required  in  Penance  is 
in  the  will,  and  she  should  be  asked  whether  she  proposes 
to  avoid  sin  in  future,  with  God's  grace,  come  what  may. 
If  she  says  Yes,  she  shows  she  has  sorrow  for  her  sins. 
Catherine  furtlier  says  that  she  is  certain  that  she  will 
fall  into  sin  again  immediately,  or  at  least  within  a  few  days 
after  confession.  She  should  be  asked  whether  here  and 
now  she  proposes  to  avoid  the  proximate  occasions  of  sin 
and  to  do  her  best  not  to  fall  into  it  again.  If  slie  again 
says  Yes,  she  should  be  encouraged  to  trust  in  God's  help 
and  be  absolved. 

She  says  she  does  nothing  out  of  love  for  God,  and  that 
she  fears  that  she  would  commit  sin  if  it  were  not  for  the 
fear  of  hell.  Catherine  should  be  told  not  to  torment  her- 
self by  such  idle  suppositions;  it  is  enough  if  through  fear 
of  God's  punishments  she  observes  His  commandments  and 
avoids  sin.  She  thus  fulfils  the  j^recept  of  love  substan- 
tially: ''  He  that  hath  My  commandments,  and  keepeth 
them,  he  it  is  that  loveth  Me  "  (John  xiv.  21).  Of  course 
it  will  be  well  for  Catherine  to  exercise  herself  in  special 
acts  of  the  love  of  God,  in  which  we  can  always  advance. 

1  Manual  of  Moral  Theology,  vol.  ii,  j).  156. 


4 

NO   SORROW  FOR  WHAT  SHE  HAS   DONE 

Anna  quae  rcccntcr  matrimoiiiuiii  cum  Titio  Trotcs- 
tantico  in  ecclesia  Protcstantica  contraxit  co  quod  non 
potuit  ah  Episcopo  ohtinere  dispensationem  pro  matri- 
monio  mixto,  venit  ad  confitendum  Caio  sacerdoti  in 
Anglia  mi.ssionario.  Dc  aliis  peccatis  Anna  dcclarat  se 
ex  animo  dcjlej-c,  dc  niatrimonio  autcm  clandostino  so 
nullatenus  dolere,  nee  posse,  (juia  tani  ardentei-  niarituiii 
amet  et  do  eonjugio  gaudeat.  Cams  proponit  vai-ia  niutiva 
doloris,  nempe  Deum  tarn  bonum  offendi  matrimonio 
cum  haercticis,  graves  leges  ecclesiasticas  spretas,  scanda- 
lum  fidelium,  et  tandem  cum  lacrimis  Anna  profitetur 
se  dolere  do  modo  (|uo  niatrimonium  fuerit  celebratum, 
de  ipso  matrimonio  nee  posse  nee  velle  dolere,  quinimmo 
in  iisdem  circumstantiis  so  idem  iterum  esse  facturam. 
Caius  vero  (juamvis  habeat  facultates  ab  episcopo  acceptas 
ad  matrimonium  convalidandum  dubitat  utrum  sit  Anna 
satis  disposita  ad  absolutionem  acc^piendam.  Unde 
quseritur: 

1.  Qualis  dolor  in  sacramcuto  Pcjenitentia'  i-c(|uiratur? 

2.  Quale  propositum  emendationis  futurae? 
8.  (^uid  a  Caio  faciciidum? 

Solution 

1.  Wlial  sort  of  sori'ow  is  required  in  the  sacrament  of 
Penance? 

159 


160  CASES  OF  CONSCIENCE 

The  sorrow  must   l^o  true  and  sincere,  supernatural  or 

ooted  in  faith,  universal  or  it  must  embrace  all  the  mortal 

sins  that  are  to  be  forgiven,  and  it  must  be  supreme,  or 

the  sinner  must  detest  sin  more  than  any  other  evil,  and 

he  must  be  prepared  to  do  and  suffer  anything  rather  than 


sni  asam 


2.  A^liat  sort  of  purpose  of  amendment  is  required? 
The  purpose  of  amendment  must  be  sincere,  efficacious, 

or  the  sinner  must  be  prepared  to  take  the  means  necessary 
to  avo  d  sin  in  the  future,  and  it  must  be  universal,  or 
extend  to  all  mortal  sins  at  least.- 

3.  The  case.  Ann  had  married  a  Protestant  in  the  Prot- 
estant Church  and  when  she  came  to  confession  to  Caius, 
she  said  she  could  not  be  sorry  for  what  she  had  done; 
indeed  she  sa'd  she  would  do  the  same  again  in  the  same 
circumstances.  Caius  got  her  to  see  the  malice  of  her 
action,  and  then  she  said  she  was  sorry  for  the  way  in 
which  she  had  married,  but  could  not  feel  sorry  for  the 
marriage.  It  is  not  necessary  that  she  should  be  sorry 
that  she  has  the  man  she  loves  for  her  reputed  husband, 
and  as  far  as  the  past  is  concerned,  it  is  enough  that  she 
is  sorry  for  the  way  in  which  she  was  married  against  the 
Church's  laws.  But  she  is  still  ill  disposed  for  absolution, 
inasmuch  as  she  says  she  would  do  the  same  again  under 
the  same  circumstances.  Caius  must  try  to  put  her  in 
better  dispositions.  In  order  to  do  this  he  may  tell  her 
that  it  will  be  better  not  to  think  of  what  she  would  do 
under  the  same  circumstances,  as  she  will  never  again  be 
placed  in  the  same  circumstances.  If  she  can  be  got  to 
be  really  sorry  for  what  was  wrong  in  her    action,    and 

1  Manual  of  Moral  Theology,  vol.  ii,  156. 
Mbid.,  161. 


XO  SORliOW  FOR    WHAT  iSllE   HAS  DOSE  IGl 

to  hope  (hat  God  would  give  licr  ^racc  never  to  yield 
again,  and  that  she  would  do  all  on  her  side  to  co-operate 
with  the  grace  of  God,  t^he  might  be  absolved,  and  then  the 
marriage  could  be  put  ri<j;lit.  For  this  it  will  now  be 
requisite  that  the  parties  should  contract  marriage  in  the 
ordinary  way  before  the  parish  priest  or  his  delegate  and 
two  witnesses. 


5 

WAS   HE  PREPARED? 

TiTius  bene  instruct  us  Catliolicus  actum  contritionis 
elicere  solet  antequam  eubitum  it.  (^uodam  sabbato 
ecclesiam  intrat  ut  confiteatur,  vix  autem  erat  genufiexus 
ad  se  pneparandum  cum  cxiit  quidam  e  confessionali, 
nee  ullus  inter  turbam  quse  expectabat  statim  est  in- 
gressus.  Quum  Titius  bene  sciat  se  unum  grave  peccatum 
ab  ultima  confessione  patrasse,  et  hoc  solum  prseter  aliqua 
venialia  conscientiam  mordere,  occasionem  nactus  sine 
speciali  prseparatione  in  confessionale  ingressus,  sua  pec- 
cata  confitetur  et  absolutionem  accipit.  Postea  tamen 
dubitat  utrum  habuerit  dolorem  sufficientem  qui  debeat 
partem  sacramenti  constituere  et  esse  elicitus  in  ordine 
ad  sacramentum  suscipiendum.  Unde  postea  confessarium 
interrogat  qui  proind(^  qua^rit: 

1.  Quando  dolor  elici  debeat  ut  sufficiat  ad  sacramentum 
Poenitentise? 

2.  Num  dolor  requisitus  elici  debeat  ex  intentione 
sacramenti  suscipiendi? 

3.  Quid  ad  casum? 

Solution 

1.  When  ought  the  act  of  sorrow  to  be  elicited  in  order 
that  it  may  suffice  for  the  sacrament  of  Penance? 
As  sin  can  not  be  forgiven  unless  the  sinner  is  sorry  for 

162 


WAS  HE  I'REl'ARED?  163 

it,  the  act  of  sorrow  must  be  clicitod  before  absolution 
is  given,  or  at  least  it  must  "exist  when  absolution  is  given.  ^ 

2.  Ought  the  act  of  sorrow  to  proceed  from  the  inten- 
tion of  receiving  the  sacrament? 

Some  theologians  hold  that  it  should  do  so,  just  as  the 
washing  with  water  in  Baptism  should  be  ordained  to 
the  confection  of  the  sacrament  of  Baptism.  However, 
it  seems  safe  to  say  with  othci"s  that  the  subsequent 
referring  of  the  act  of  sorrow  to  tlie  confection  of  the  sacra- 
ment which  necessarily  takes  place  when  the  penitent 
confesses  his  sins  with  sorrow  in  order  to  receive  absolution 
is  sufficient.  Or,  that  the  intention  of  confessing  the  sin 
which  is  present  in  the  mind  with  the  act  of  sorrow,  is 
sufficient  to  refer  the  latter  to  the  confection  of  the 
sacrament.- 

3.  The  case.  As  is  plain  from  the  answer  given  above, 
there  is  no  ground  why  Titius  should  be  disturbed  about 
the  sufficiency  of  his  sorrow.  It  is  indeed  advisable  to 
make  special  and  imnicd  ate  preparation  for  confession, 

,and  Titius  should  not  repeat  the  action  which  gave  rise 
to  his  scruples.  Still  there  was  nothing  essentially  defective 
in  his  confession.  It  was  formally  intcgTal,  and  the  acts 
of  contrition  which  he  made  every  night  before  going  to 
bed  made  him  habitually  contrite,  and  they  were  made 
sufficiently  sensible  and  referred  to  the  sacrament  b}^  his 
confession.  For,  of  coui-se,  he  had  always  intended  to 
confess  his  sins  when  he  made  his  acts  of  contrition. 

1  Manual  of  Moral  Theology,  vol.  ii,  157. 

2  Ibid.,  157. 


6 

PROBABLE  OPINIONS  IN   PENANCE 

Caius,  qui  studio  theologise  moralis  operam  navat, 
difficultatibus  prcmitur  quoad  dclcctum  opinionum  in 
materia  sacramenti  Poenitentia3.  Prol)abilismi  enim  ar- 
dens  sectator  in  aliis  materiis,  colligit  ex  omnium  doctorum 
consensu  non  licere  uti  opinione  probabili  relicta  tutiori 
quando  agatur  de  valore  sacramenti.  Attamen  auc tores 
probati  passim  in  materia  de  pcenitentia  supponere  viden- 
tur  licere  in  hoc  sacramento  uti  opinione  probabili.  Nam 
afferunt  sententias  probabiles — attritionem  supematuralem 
ex  metu  poenarum  temporalium  sufficere,  circumstantias 
aggravantes  non  esse  necessariam  confessionis  materiam, 
nee  peccata  dubia,  et  alias  hujusmodi  juxta  quas  poeni- 
tentem  agere  posse  concedere  videntur:  in  quibus  tamen 
evidenter  de  valore  sacramenti  agitur.  Ad  quas  difficultates 
solvendas  quaerit: 

1.  Quare  non  liceat  uti  opinione  probabili  quando  agatur 
de  valore  sacramenti? 

2.  Quando  de  facto  agatur  de  valore  sacramenti  poeni- 
tentise? 

3.  Quid  de  difficultatibus  Caii? 

Solution 

1.  Why  is  it  not  lawful  to  use  a  probable  opinion  when 
there  is  question  of  the  validity  of  a  sacrament? 

164 


PROBABLE  OPINIONS  IN  PENANCE  165 

When  there  is  only  a  probability  that  a  sacrament  will 
be  valid  it  is  also  probable;  that  it  will  be  invalid,  and  so 
it  remains  doubtful  whether  the  sacrament  will  be  validly 
administered.  To  perfoj-ni  a  sacred  rite  instituted  by 
Christ  except  in  case  of  necessity  with  a  probability  that 
it  has  not  all  the  requisites  for  validity  is  grossly  wanting 
in  reverence  to  Jesus  Christ,  who  instituted  it,  and  it  is 
contrary  to  justice  and  charity  for  a  minister  of  the  sacra- 
ments to  expose  the  faithful  to  the  danger  of  not  receiving 
a  valid  sacrament  to  which  they  have  a  right.  ^ 

2.  AVhen  in  fact  is  there  ciuestion  of  the  validity  of 
Penance? 

There  will  be  question  of  the  validity  of  Penance  when 
it  is  not  certain  that  all  the  essential  elements  of  the 
sacrament  are  present  in  the  particular  case.  The  essential 
elements  of  Penance  are  contrition,  and  formally  integral 
confession  on  the  part  of  tlic  penitent,  and  on  the  other 
part,  absolution  given  by  a  priest  who  has  faculties. 
Sometimes  when  the  priest  has  only  probable  jurisdiction 
the  Church  can  supply  and  does  so.  Otherwise  in  this 
and  in  the  other  essential  elements  it  will  be  unlawful  to 
use  only  probable  opinions  about  tlie  validity  of  the 
sacrament  except  in  case  of  necessity,  when  for  the  sake 
of  the  recipient's  salvation  it  is  better  to  administer  a 
sacrament  that  is  only  probably  valid,  rather  than  not 
administer  it  at  all. 

3.  What  about  the  difficulties  of  Caius? 

Although  there  have  been  controversies  as  to  whether 
attrition  for  sin  on  account  of  the  punishments  which  God 
inflicts  on  the  sinner  in  tliis  life  is  sufficient  as  a  disposi- 
tion for  aljsolution,  tliescM'ontroversies  ar(>  now  {)ra('tically 
^  Manual  of  Moral  Theology,  vol.  ii,  31. 


166  CASES  OF  CONSCIENCE 

settled,  and  the  opinion  that  it  is  sufficient  is  no  longer 
merely  probable,  but  morally  certain.  Aggravating  cir- 
cumstances affect  only  the  material  integrity  of  confession, 
and  in  this  and  in  similar  questions  we  may  use  probable 
opinions,  as  there  is  no  question  of  the  validity  of  the 
sacrament.  In  the  same  way  if  there  is  other  certain 
matter  of  the  sacrament,  doubtful  sins  only  affect  the 
material  integrity  of  the  confession. 


CONFESSIONS  ON  BOARD  SHIP 

Trru  s  i-c^ularis  saccrdos  missionarius  in  quadam  An- 
glia3  diooccsi  a  supci-ioiihus  nun  scholastico  ct  fratrc 
coadjutorc  in  Africani  nicridionalem  ad  vincam  Domini 
ibi  colondam  fiiit  missus.  Diim  discessum  na\i.s  in 
quadam  domo  Oi'dinis  cxpcctabat  quaestio  orta  est  de 
Titii  facultatibus  ad  audiondas  confessiones  durante  itinere. 
Quidam  Patros  putaSaut  cum  jam  habere  omnia  requisita 
ad  confessiones  turn  sociorum  turn  cxtemorum  in  navi 
audiendas,  ali'  putabant  cum  requircrc  specialcm  delega- 
tionem  P.  Provincialis  et  banc  sufficcre,  alii  denique 
dicebant  cum  debere  peterc  faeultates  pro  cxtcrnis  ab 
Episcopo  poi'lus  unde  navis  solvat.     Unde  quserit: 

1.  Quid  rc(iuiratur  et  sufficiat  ut  Tilius  possit  durante 
itinere  confessiones  sociorum  audirc? 

2.  Num  dicti  socii  eidem  confiteri  tcnoantur,  et  num 
posset  Titius  eis  permittere  ut  alteri  sacerdoti  cuilibet 
confitercntur? 

3.  Quid  ad  casum? 

SOLTTIOX 

1.  What  is  requisite  and  sufficient  to  enable  Titius 
to  liear  the  confessions  of  his  companions  during  the 
jou]"n(\v? 

Reguhu-s  on  a  journey  nuist  confess  to  socio  idonco  si 
habenl.     It  is  connnoniy  held  tliat  a  ])riest  is  i(Io)tcus  who 

107 


168  CASES  OF  CONSCIENCE 

is   neither    under  censure    nor    irregularity,  even   though 
he   has   no  special  approbation.' 

2.  Are  the  said  companions  bound  to  confess  to  Titius, 
and  could  Titius  grant  them  leave  to  confess  to  any  other 
priest? 

If  Titius  were  not  superior  there  would  be  no  difficulty; 
his  companions  would  be  bound  to  confess  to  him  as  he  is 
the  only  priest  in  the  party.  But  by  a  decree  of  Clement 
VIII,  May  26,  1593:  "  Non  licet  Superioribus  Regularibus 
confessiones  subditorum  audire  nisi  cjuando  peccatum 
aliquod  reservatum  admiserint,  aut  ipsimet  subditi  sponte 
ac  proprio  motu  id  ab  eis  petierint."  Hence  some  author- 
ities think  that  if  Titius  is  Superior  of  the  party,  his  com- 
panions are  under  no  obligation  to  confess  to  h  m,  and 
that  they  may  confess  even  without  special  leave  of 
Titius  to  any  suitable  priest.  If  Titius  is  Superior  with 
the  faculties  of  other  local  superiors,  he  can  grant  leave 
to  his  subjects  to  confess  to  any  suitable  priest.^ 

3.  The  case.  Titius  has  all  that  is  requisite  and  suffi- 
cient for  hearing  the  confessions  of  his  companions  if 
he  is  idoneus,  as  we  presume  him  to  be.  In  order  to  be 
able  to  hear  the  confessions  of  externs  on  board  ship  he 
must  have  faculties  either  from  the  l^ishop  of  the  diocese 
where  he  was  last  stationed,  or  from  the  bi  hop  of  the 
port  of  embarkation,  or  f;:om  the  l)ishop  of  any  other  place 
at  which  the  ship  touches.  We  })resume  that  he  had 
faculties  in  the  diocese  where  he  was  stationed,  so  that 
he  has  all  that  is  requisite  for  hearing  the  confessions  of 
anybody  who  comes  to  him  on  board. ^ 

'  St.  Alphonsus,  lib.  vi,  .57.5. 

2  De  Arcos,  Appendix  Theol.  Moral,  n.  53. 

•''  Manual  of  Moral  Theology,  vol.  ii,  187. 


A  PRIVILEGE  OF  REGULARS 

TiTius  confessarius  alumnonim  in  collcgio  quodam 
Rcgulariuni  inter  vacationes  visitat  domum  in  alia  dioecesi 
quam  occupant  alumni  aliqui  ex  quibus  unus  petit  a 
Titio  ut  confessionem  audiat.  Annuit  Titius  postea 
tamen  de  validitate  abso  utionis  a  se  datse  dubitat. 
Ipsi  cup'cnti  confitcri  dicit  Caius  saccrdos  ejusdem  ordinis 
qui  cum  scholastico  (luodam  curam  gerit  alumnorum,  liccre 
ire  ad  sacerdotem  secula  em  qui  ibi  curam  animarum 
habet.     Unde  quseritur: 

1.  Quid  requiratur  in  ministro  pcBnitentise  ut  licite  et 
valide  sacramentum  administret? 

2.  Quibus  debeant  vel  possint  confiteri  Regulares  turn 
intra  d  mum  projn'iam,  tum  in  domo  ejusdem  Ordinis 
non  propria    tum  in  itinere? 

3.  Quid  ad  casum? 

Solution 

1.  What  is  required  in  the  minister  of  Penance  in  order 
that  he  may  lawfully  and  validly  administer  the  sacrament? 

The  minister  of  Penance  in  order  to  administer  the 
sacrament  validly  must  be  a  validly  ordained  priest,  he 
must  have  jurisdiction,  and  also  approbation,  if  the  pen- 
itent be  a  secular.  To  act  lawfully,  he  must  be  in  the  state 
of  grace,  free  from  censure,  and  he  must  observe  all  the 

169 


170  CASES  OF  CONSCIENCE 

regulations  made  b}'  the  Church  for  the  proper  admin- 
istration of  Penance.^ 

2.  To  whom  may  or  ought  Regulars  confess  in  their 
own  monastery,  in  another  monastery  of  the  same  Order, 
and  on  a  journey  when  out  of  their  own  monasteries? 

Regulars  ought  to  confess  to  the  confessors  appointed 
fcr  them  by  their  Superior  while  in  their  own  monastery; 
in  another  house  of  the  same  Order  they  may  confess  to 
the  confessors  appointed  by  the  Superior  of  that  house, 
who  can  absolve  them  even  from  reserved  cases  cum 
onere  se  sistendi  proprio  superiori  vel  ah  eo  delegato ;  while 
on  a  journey  they  must  confess  to  a  fit  companion  if  they 
have  one,  otherwise  they  may  confess  to  any  fit  priest, 
whether  secular  or  regular .2 

3.  The  case.  Titius  is  one  of  the  confessors  of  the  boys 
while  they  are  in  the  college,  and  he  retains  his  faculties 
while  the  boys  remain  under  the  Order's  jurisdiction, 
so  that  there  was  no  reason  why  he  should  doubt  about 
the  validity  of  the  absolution  given  by  him,  even  though 
he  had  no  approbation  from  the  bishop  of  the  diocese 
where  the  confession  was  heard. ^ 

In  the  supposition,  which  seems  to  be  excluded  by  the 
terms  of  the  case,  that  Caius  was  a  confessor  of  the  mon- 
astery to  which  Titius  belonged,  and  was  not  Superior, 
Titius  would  then  be  bound  to  confess  to  him.  Otherwise 
Titius  was  not  bound  to  go  to  confession  to  Caius,  though 
he  might  do  so  if  he  chose.  He  was  justified  in  confessing 
to  any  priest  who  was  fit,  whether  secular  or  regular. 

1  Manual  of  Moral  Theology,  vol.  ii,  178,  27  ff. 

2  Ibid.,  p.  189. 
» Ibid.,  p.  188. 


9 

A   REGULAR'S   APPROBATION 

Caius  saccrdos  rogularis  post  examcn  ab  Episcopo  requisi- 
tum  feliciter  datum  facultates  ordinarias  ab  eo  ad  proximam 
synodum  accepit.  Superior  domus  qui  solus  ad  synodum 
accessit  pagellas  aliorum  patrum  secum  asportabat  reno- 
vandas,  Caii  vero  absentis  non  potuit  invenire  facultates, 
quae  proinde  non  fuerunt  ab  Episcopo  rcnovatse.  Proximo 
sabbato  domum  revertit  Caius  nee  tempus  suppetebat  ad 
facultates  ab  Episcopo  petendas,  unde  dubium  oriebatur 
utrum  confessiones  audire  posset  necne.  Post  aliquam 
dubii  discussionem  superior  permisit  ut  Caius  confessiones 
fidelium  audiret,  postea  vero  scrupulis  angebatur  de  vali- 
ditate  absolutionum  quie  a  Caio  data)  fuerunt.  Unde 
quaeritur : 

1.  Quinam  sit  minister  sacramenti  Poenitentia)? 

2.  A  cjuonam  accipiant  regulares  jurisdictionem  ad 
confessiones  fidelium  audiendas? 

3.  Num  absolutio  data  a  sacerdote  (|ui  habitualiter 
jurisdictione  careat  nihilominus  aliquando  valere  possit? 

4.  Quid  ad  casum? 

Solution 

The  first  question  is  answered  above,  p.  1(39. 
2.  From  whom  do  Regulars  receive  jurisdiction  to  hoar 
the  confessions  of  the  faithful? 

171 


172  CASES  OF  CONSCIENCE 

It  is  possible  for  Regulars  to  receive  jurisdiction  both 
from  their  own  superiors  and  from  the  bishop  of  the  place. 
As  to  whether  they  actually  receive  it  from  one  or  the 
other,  or  from  both,  depends  on  the  intention  of  the 
bishop  and  of  the  superior  in  question.  In  any  case  the 
approbation  of  the  bishop  is  required  to  hear  the  confes- 
sions of  seculars.  1 

3.  Can  the  absolution  given  by  a  priest  who  is  without 
habitual  jurisdiction  nevertheless  sometimes  be  valid? 

Yes,  the  absolution  is  valid  if  the  Church  supplies  juris- 
diction for  the  act,  as  she  sometimes  does.  Thus  any 
priest  may  vaHdly  absolve  those  who  are  in  danger  of 
death,  or  when  it  is  probable  that  he  has  jurisdiction,  or 
when  the  faithful  go  to  confession  to  a  priest  under  the 
general  belief  that  he  has  faculties  and  when  also  he  has 
a  colorable  title,  and  probably  even  when  there  is  only  the 
general  belief  without  any  colorable  title.^ 

4.  The  case.  Caius,  a  Regular  priest,  was  examined 
by  the  bishop  and  granted  by  him  faculties  till  the  next 
synod.  His  faculties  were  not  renewed  at  the  next  synod 
and  the  question  arose  whether  he  could  go  on  hearing 
the  confessions  of  the  faithful.  His  Regular  superior 
allowed  him  to  do  so,  and  thereby  gave  him  jurisdiction 
which  Regulars  receive  from  the  Pope  through  their  Supe- 
riors. There  was,  however,  a  difficulty  about  Caius' 
approbation.  He  had  been  examined  by  the  bishop, 
had  passed  with  success,  and  had  a  right  to  receive  general 
and  perpetual  approbation.  However,  the  bishop  only 
gave  him  approbation  till  the  next  synod.  So  that, 
whatever  the   merits  of  Caius  were,  in  fact  he  had  no 

1  Manual  of  Moral  Theology,  vol.  ii,  189. 

2  Ibid.,  184. 


A   REGULAR'S  APPROBATION  173 

approbation  after  the  next  synod  was  over.  He  should 
not  then  have  heard  confessions,  unless  indeed  it  was 
known  to  be  the  intention  of  the  bishop  that  in  such  cases 
where  a  priest's  faculties  had  not  been  renewed  through 
inadvertence  or  by  accident,  tliey  should  not  cease  at  the 
time  apix)inted,  but  should  continue.  However,  as  the 
faithful  knew  nothing  about  this,  those  that  came  to  him 
were  probably  absolved  on  account  of  the  common  mistake, 
the  Church  probably  supplying  faculties.^ 

1  Manual  of  Moral  Theology,  vol.  ii,  185- 


10 

CONFESSOR  OF  NUNS 

Caius  missionarius  Rector  in  quodam  oppido  Julium 
habuit  in  curam  animarum  coadjutorem.  Julius  tiuidem 
specialiter  ab  Episcopo  approbatus  ad  audiendas  confes- 
siones  Sororium  a  Misericordia  nuncupatarum  quae  domum 
in  oppido  habuerunt,  quadam  hebdomada  abfuit,  die 
autem  consueto  quo  Julius  earum  confessiones  audire 
solebat,  Caius  quamvis  non  specialiter  ab  Episcopo  appro- 
batus recenti  discussione  in  quadam  ephemeride  eccle- 
siastica  permotus,  ad  conventum  perrexit  et  confessiones 
monialium  audivit.  Quod  quum  Julius  reversus  cogno- 
visset  monialium  confessiones  Caio  factas  esse  repetendas 
utpote  invalidas  sustinuit.     Unde  quseritur: 

1.  Qu2enam  requirantur  in  ministro  sacramenti 
Poenitentise? 

2.  Quid  specialiter  recjuiratur  ad  audiendas  confessiones 
monialium? 

3.  Quomodo  differat  jurisdictio  ordinaria  et  delegata? 

4.  Quid  ad  casum: 

Solution 

The  first  question  was  answered  above,  p.  169. 
2.  ^Yhat  is  specially  required  in  order  to  hear  the  con- 
fessions of  nuns? 
If  a  nun  is  lawfully  outside  her  convent  and  makes  her 

174 


CONFESSOR  OF  NUNS  175 

confession  in  a  public  ('iiurcli,  any  confessor  with  ordinary 
diocesan  faculties  may  hear  her  confession.  If  tlie  con- 
fession is  nuulc  in  Iho  convent,  no  priest  can  hear  her 
confession  unless  he  be  specially  approved  by  the  bishop 
of  the  place  for  hearinf;-  nuns'  confessions  in  that  particular 
convent.  This  has  lonu'  been  the  discipinie  of  the  Church 
with  respect  to  nuns  with  solemn  vows.  Provincial 
Councils  (I  West.  d.  XX\'III)  and  practice  applied  the 
same  rule  to  nuns  with  simple  vows.  Diocesan  faculties 
in  England  generally  contain  some  such  clause  as  the 
following:  "  Confessiones  excipiench  Fidelium  utri usque 
sexus,  non  tamen  Monialium  aut  Novitiarum  nisi  extra 
claustra  legitime  versentur,  neque  in  monasteriis  aut 
conservatoriis  confessiones  puellarum  aut  mulierum  ibidem 
habitantium.''  Finally  Leo  "XIIl  decreed  in  his  Con- 
stitution Conditce,  Dec.  8,  1900:  "  Quod  si  sodalitates 
muliebres  sint,  designabit  item  Episcopus  sacerdotes  a 
confessionibus  tum  ordinaries  tum  extra  orchnem,  ad 
normam  Constitutionis  Pastoralis  Curce  a  Benedicto 
XIV  decessore  nostro  editae,  ac  decreti  Quemadmodum 
dati  a  sacro  Concilio  Ei)iscopis  et  Religiosorum  ordinibus 
prseposito,  die  XVII  Dec.  1890,  quod  quidem  decretum  ad 
virorum  etiam  consociationes  pertinet  qui  sacris  minime 
initiantur." 

3.  How  do  ordinary  and  delegated  jimsdiction  differ? 

"  Ordinary  jurisdiction  is  the  authority  wliich  is  exer- 
cised in  virtue  of  an  office  which  one  holds  and  in  one's 
o\\Ti  name;  delegated  jurischction  is  granted  by  one  who 
has  ordinary  jurisdiction  and  is  exercised  in  that  person's 
name."  ^ 

4.  The  case.     Caius,  a  missionary  Rector,  had  a  coadju- 

1  Manu:il  of  Moral  Tlicolo^;}-,  vol.  ii,  1S.3. 


176  CASES  OF  CONSCIENCE 

tor,  Julius,  who  was  speciall}'  approved  by  the  bishop  for 
hearing  the  confessions  of  the  Sisters  of  Mercy  who  had  a 
convent  in  the  parish,  ^^^lile  JuHus  was  absent,  Caius  went 
and  heard  the  confessions  of  the  nuns,  though  he  had  no 
special  approbation  fi'om  the  bishop.  Some  authorities 
hold  that  a  parish  priest,  inasmuch  as  he  has  ordinary 
jurisdiction  over  all  his  flock,  from  which  nuns  with 
simple  vows  are  not  exempt,  may  hear  the  confessions  of 
such  nuns  in  their  convent  without  special  approbation 
from  the  bishop.  Whatever  may  be  said  on  this  point, 
the  doctrine  can  not  be  apphed  to  Caius,  who  is  not  a 
parish  priest,  and  who  has  only  delegated  jurisdiction. 
That  jurisdiction  was  limited  by  the  bishop  and  did  not 
extend  to  nuns  in  their  convent.  However,  as  there  was 
communis  error,  the  absolution  would  probably  be  valid, 
as  the  Church  would  probably  supply  all  that  was  wanted. ^ 

1  Manual  of  Moral  Theology,  vol.  ii,  185. 


11 

FULL  AND  SPECIFIC  CONFESSION 

TiTius  confessarius  advcrtit  aliiiuos  p(i3nitcntes  iion 
satis  distingucre  divcrsas  species  peccatoruni  quum  con- 
fiteantur  fornicationem  (juando  adulterium  diccrc  deberent. 
Unde  quum  audit  confessiones  adultorum,  fornicationem 
confitentes  interrogare  consuevit  utrum  in  matrimonio 
sint  juncti;  incertus  tamen  haeret  debeatne  interrogare 
necne  utrum  sint  sponsi;  nam  hi  si  cum  alia  ac  sponsa 
peccent  fidcm  violant  sponsalitiam  quae  ex  justitiaobligat. 
Pariter  incertus  est  Titius  utrum  debeat  interrogare 
confitentes  incestum  de  gradu  consanguinitatis  vel  affini- 
tatis.     Ad  lumen  aliquod  Titio  praebendum  quaritur: 

1.  Undenam  desumatur  distinct io  specifica  peccatoruni? 

2.  Qusenam  circumstantise  necessario  sint  exprimend*  in 
confessione? 

3.  Quid  ad  casum? 

Solution 

1.  Whence  is  the  specific  distinction  of  sins  derived? 
Sins  are  specifically  distinct  when  their  formal  objects 

are  specifically  different,  or  when  thoy  are  o})posed  to 
specifically  distinct  virtues,  or  when  they  are  transgressions 
of  formally  distinct  laws.^ 

2.  What  circumstances  must  necessarily  be  mentioned 
in  confession? 

1  Manual  of  Moral  Theology,  vol.  ii,  141  f. 
177 


178  CASES  OF  CONSCIENCE 

Those  circimistanccs  which  change  the  moral  or  theological 
species  of  the  sin  must  be  mentioned  in  confession.  There  is 
a  controversy  among  divines  as  to  whether  circumstances 
which  notably  increase  or  diminish  tlu^  malice  of  a  sin,  but 
which  do  not  change  its  nature,  should  be  mentioned  in 
confession.     The  negative  opinion  is  probable  and  safe.^ 

3.  The  case.  If  Titius  has  learned  by  experience  that 
in  a  certain  place  penitents  do  not  sufficiently  distinguish 
between  adultery  and  fornication,  he  does  well  in  general 
to  ask  those  who  confess  fornication  whether  they  are 
married.  He  will  not  be  obliged  to  put  this  cjuestion  in 
every  case  of  such  a  sin  being  confessed;  without  doubt 
the  confessions  of  some  penitents  will  be  so  minute  and 
descend  to  particulars  in  such  a  way  that  he  will  be  able  to 
rely  on  the  theological  accuracy  of  the  terms  which  they  use. 
There  is  no  necessity  for  Titius  to  ask  those  penitents  who 
confess  fornication  and  deny  that  they  are  married  whether 
they  are  betrothed.  Some  theologians,  it  is  true,  teach  that 
the  circumstance  of  betrothal  changes  the  species  of  a  sin 
of  fornication  committed  with  another  woman,  but  others 
deny  it,  on  the  ground  that  betrothal  is  only  a  promise 
to  give  marital  rights;  it  does  not  actually  give  them. 

Titius  should  not  ask  questions  about  the  degree  or 
kind  of  relationship  when  incest  is  confessed,  for  it  is 
probable  that  incest  committed  with  any  relation  is  of 
the  same  species,  unless  it  is  committed  with  a  relation 
of  the  first  degree  of  consanguinity  in  the  direct  line,  and 
as  this  sin  is  very  rare  and  asking  about  it  might  give 
scandal  to  the  penitent,  the  confessor  should  not  ask 
about  it,  unless  in  a  particular  case  he  has  good  reason  to 
suspect  that  in  fact  such  a  sin  was  committed. 
1  Manual  of  Moral  Theology,  vol.  ii,  165. 


12 

ABSOLUTION  OF  THE  DYIXG 

Caius  sacerdoH  vocatur  ad  parochianum  qui  morbo 
typhoido,  ut  vocatur,  laborat.  Invenit  eum  periculose 
decumbcntem,  somno  profundissimo,  coma  ut  dicitur, 
sopitum,  et  sensibus  destitutum.  Negant  adstantes  eum 
petiisse  sacerdotem  antequam  ad  hunc  statum  devenit, 
attamen  Caius  ci  sub  conditione  absoluto  cetera  sacramenta 
administrat .     Unde  quaritur: 

1.  Qusenam  sit  materia  sacramenti  Pa^nitentiLB? 

2.  Num  absolutio  dari  possit  si  nullum  sigiium  doloris 
vel  confessionis  habeatur? 

3.  Quid  ad  casum? 

Solution 

The  first  question  is  answered  above,  p.  151. 

2.  May  absolution  be  given  if  the  penitent  gives  no 
sign  of  sorrow  or  contrition? 

Absolution  may  not  be  given  imder  these  circumstances 
except  when  the  penitent  is  in  danger  of  death  and  can  not 
make  any  sign  of  sorrow  or  of  a  wish  to  confess.  Even 
when  such  a  penitent  is  in  danger  of  death,  many  dis- 
tinguished theologians  held  that  absolution  could  not  be 
given,  because  there  is  no  matter  for  the  sacrament.  St. 
Alphonsus,  however,  held  that  absolution  may  be  given  in 

179 


180  CASES  OF  CONSCIENCE 

such  a  case,  according  to  the  more  common  op'nion  as  he 
asserted.^ 

To  the  difficulty  about  the  matter  of  the  sacrament, 
St.  Alphonsus  answers  that  perhaps  the  anxious  breathing, 
sighs,  and  other  movements  of  the  dying  person  are  attempts 
made  by  him  to  express  sorrow  for  his  sins  and  a  desire 
to  confess,  and  that  the  probabiHty  that  this  is  so  is 
sufficient  to  justify  the  giving  of  conditional  absolution 
in  such  a  case  of  necessity .^ 

3.  The  case.  Caius  acted  rightly  in  giving  the  dying  per- 
son conditional  absolution  and  the  last  sacraments,  even 
though  he  could  make  no  certain  signs  of  sorrow  or  of  a 
desire  to  confess.  This  has  become  the  common  practice 
in  such  cases  since  the  time  of  St.  Alphonsus,  and  it  may 
be  explained  by  the  reasons  which  the  saint  gives  or  perhaps 
in  other  ways.  Ballerini,  for  example  (Opus  Morale,  V, 
404),  suggests  another  way  of  explaining  the  modern 
practice.  According  to  him  it  is  probable  that  the  sacra- 
ment of  Penance  consists  in  the  absolution  of  the  priest 
alone.  Contrition  is  required  as  a  disposition,  but  that 
may  be  presumed  in  the  dying.  Confession  is  also  of 
divine  law,  according  to  the  Council  of  Trent,  but  even  a 
divine  law  does  not  bind  when  it  is  impossible  to  fulfil 
it.  Necessity  has  no  law.  Without  deciding  whether 
this  theory  is  probable  or  not,  we  may  allow  it  some  weight. 

1  Thool.  Moral,  lib.  vi,  482. 

2  Manual  of  Moral  Theology,  vol.  ii,  176. 


13 

A  PAIR  OF  PEXITEXTS 

Caius  sacerdos  missionarius  summo  nianc  vocalur  ad 
domiini  (luanulain  iibi  i)liir(\s  faniilitc  habitant  ad  sacra- 
meiita  aegrotis  adiiiiiiistranda.  Ducitur  ad  quoddam 
cubiculum  hand  amplum  at  iinicum  quod  habent  iibi 
inveiiit  duos  scnes,  niai'itum  ot  uxorom,  in  eodcm  Icctulo 
laborantes  influenza  ct,  ut  videtur,  in  periculo  mortis. 
Statuit  primo  audire  eorum  confessiones,  at  quomodo 
id  fieri  possit  salvo  sigillo  ignorat.  Postquam  de  re 
deliberavit  ad  latus  quo  jacebat  maritus  accedit,  rogat 
num  velit  confitcri,  et  quum  annuat,  num  doleat  de  omnibus 
vitse  sua  pcccatis,  ac  pariter  annuentem  absolvit,  injuncto 
onere  integre  confitendi  si  postea  convalescat.  Ad  alteram 
partem  lectuli  accedens  idem  fere  iisdem  verbis  fecit 
uxori;  ac  tandem  ceteris  sacramentis  administratis,  cum 
benedictione  infirmos  reliquit.     Unde  quseritur: 

1.  Num  et  quo  jure  Integra  confessio  requiratur  in 
Sacramento  Poenitentise? 

2.  Num  et  quando  quis  ab  integra  confessione  excusari 
possit? 

3.  Quid  de  modo  agendi  Caii? 

Solution 

1.  Is  a  full  confession  required  in  Penance  and  by  what 
law? 

181 


182  CASES  OF  CONSCIENCE 

A  full  confession  of  all  mortal  sins  that  have  not  been 
directly  absolved  before  is  required  in  the  sacrament  of 
Penance  by  divine  law,  as  the  Council  of  Trent  defined.^ 

2.  Can  one  be  excused  from  a  full  confession  and  when? 
Yes,  physical  and  moral  impossibility  excuse  a  penitent 

from  making  a  full  confession.  By  moral  impossibility 
is  meant  that  a  full  confession  could  not  be  made  with- 
out grave  inconvenience,  extrinsic  to  confession,  affecting 
the  penitent,  the  confessor,  or  some  third  person.^ 

3.  The  case.  The  danger  of  a  violation  of  the  seal  of 
confession,  or  the  danger  lest  some  one  other  than  the  con- 
fessor should  hear  the  confession  of  the  penitent,  is  con- 
sidered by  divines  to  be  a  sufficient  inconvenience  to  excuse 
a  penitent  from  making  a  full  confession.  There  was,  as 
is  clear,  this  danger  in  the  case  proposed,  and  so  Caius  was 
justified  in  absolving  the  old  couple  without  requiring 
a  full  and  specific  confession  from  them.  If  Caius  thought 
that  the  suggestion  of  some  venial  fault,  such  as  impatience, 
which  they  would  find  no  difficulty  in  acknowledging 
in  the  hearing  of  the  other  party,  would  serve  to  make 
their  contrition  more  definite  and' certain,  there  would, 
we  think,  be  no  objection  to  his  mentioning  such  a  sin, 
and  asking  them  if  they  had  been  guilty  of  it,  and  were 
now  sorry  for  it,  and  for  all  the  other  sins  which  they  had 
committed. 

1  Sess.  xiv,  can.  7;  Manual  of  Moral  Theology,  vol.  ii,  164. 

2  Manual  of  Moral  Theologjs  vol.  ii,  168. 


14 

ABSOLUTIOX    BY   T]-:LEPnOXE 

TiTius  sacerdos  (  atliolicus  nia^no  cum  jscandalo  fidclium 
spretis  obligationibus  (Hiil)iis  li<;al)atur  matrimonium  cum 
muliercula  quadam  attcntabat  (juacum  postea  taniquam 
negotiator  seculariter  vivebat  per  })luros  annos.  Tandem 
aliquando  in  periculo  mortis  (Mim  esse  constitutum 
audiebat  Caius  sacerdos  et  (luondam  amicus,  qui  statim 
ad  domum  ibat  aegroti  et  cum  animo  Titium  juvandi 
petiit  ut  admitteretur.  Ingressum  aspere  negabat  mulier- 
cula affii'mans  medicum  severissime  ingressum  omnibus 
prohibuisse.  Zelo  animse  salvanda)  accensus  Caius  omnia 
media  exeogitabat  quibus  posset  cum  Titio  communicare. 
Audiebat  eum  habere  telephonium  in  privato  cubiculo 
quo  cum  officio  in  civitate  communicabat  Ad  officium 
convolabat  Caius  et  licentia  sub  cjuodam  praetextu  obtenta 
utendi  telephonio,  hxiuebatur  cum  Titio,  cum  disponebat 
ad  poenitentiam  fcrvidis  suis  hortationibus  et  confessum 
ope  telephonii  absohit.  Postea  vero  dubitans  do  absolu- 
tione  data  thcologum  consulit.     Undo  cjuteritur : 

1.  Quid  requiratur  ad  licite  et  valide  pcenitentes  ab- 
solvendos? 

2.  Num  confessio  facta  ab  absente  vel  absolulio  data 
ab  absente  valeat? 

3.  Quid  ad  casum? 

183 


184  CASES  OF  CONSCIENCE 


Solution 


1.  What  is  required  for  validly  and  lawfully  ahsoh'ing 
penitents? 

Besides  what  is  reiiuisite  on  the  j)arl  of  the  minister 
of  Penance  and  of  the  })enitent,  there  are  certain  con- 
ditions required  for  valid  and  lawful  giving  of  absolution. 
For  validity  the  form  of  words,  "  I  absolve  thee  from  thy 
sins,"  or  at  least,  "  I  absolve  thee,"  is  necessary;  and  at 
the  time  of  absolution  the  confessor  and  penitent  must 
be  morally  present  to  each  other.  The  latter  condition 
is  interpreted  to  mean  that  the  penitent  must  not  be  fur- 
ther removed  from  tlie  confessor  when  absolution  is  given 
than  the  ordinary  tone  of  voice  will  carry.  For  the  lawful 
administration  of  Penance  the  rubrics  of  the  Ritual  must 
be  observed,  and  in  particular  the  form  of  absolution 
given  there  must  be  used,  and  the  priest  should  have 
on  surplice  and  stole. ^ 

2.  Is  confession  or  absolution  valid  when  made  or  given 
by  one  who  is  absent? 

No.  This  conclusion  follow^s  from  the  absolute  pro- 
h'bition  under  all  circumstances  by  Clement  VIII,  20 
June,  1G02,  of  confession  made  by  letter  to  an  absent 
priest  or  of  absolution  given  by  a  priest  to  an  absent 
penitent.- 

3.  The  case.  Most  of  the  theologians  who  have  treated 
the  question  consider  that  absolution  given  by  telephone 
is  invalid.  The  speakers  are  not  morally  jjresent  to  each 
other;    the  instrument  is  a  means  of  speaking  with  the 

1  Manual  of  Moral  Theology,  vol.  ii,  175. 

2  Ibid.,  164. 


ABSOLUT I()\   liV   TELEPHONE  18o 

absent  and  distant,  lint,  as  wt-  have  seen,  moral  prcsoncc 
of  confessor  and  penitent  is  necessary  for  the  validity  of 
Penance.  On  the  ground  that  by  using  the  telephone  the 
voice  of  the  confessor  reaches  the  penitent,  some  theologians 
hold  that  absolution  given  by  telephone  is  valid.  Others 
\v(juld  allow  a  confessor  to  use  the  instrument  in  a  case 
of  extreme  necessity.  There  was  extreme  necessity  in 
the  case  proposed,  so  that  Caius  is  not  to  be  blamed  for 
what  he  did.  On  b(>ing  asked  whether  it  is  lawful  to 
give  absolution  by  telephone  in  a  case  of  extreme  necessity, 
the  Sacred  Penitentiary  answered,  1  July  1884;  "  Nihil 
est  respondendum." 


15 

AN    UNFORTUNATE    MOTHER 

Petrus  sacerdos  missionarius  ad  mulicrom  sua?  curse 
commissam  vocabatur  qua?  morilxiiida  dicebatur.  Obviam 
fiebat  medico  amico  et  catholico  Cjui  ad  eamdem  erat 
vocatus  a  quo  Petrus  audiebat  mulierem,  cujus  maritus 
ab  anno  cum  exercitu  in  Africa  meridionali  esset,  factam 
ex  delicto  pra^gnantem,  abortum  in  se  non  sine  gra\a 
vitse  periculo  procurasse.  Ad  moribundam  accedens 
Petrus  eam  monuit  de  statu  periculoso  et  ut  se  ad  mortem 
prsepararet  persuasit.  Quum  vero  nihil  de  adulterio 
nee  de  abortu  in  confessione  dixisset,  quamvis  intra 
annum  elapsum  se  non  esse  confessam  ultro  admiserit, 
Petrus  interrogal^at  utrum  aliud  quid  cjuod  conscientiam 
morderet  haberet,  cui  ipsa,  "  Non,  nihil  aliud,"  respondit. 
Petrus  vero  nesciebat  quid  in  casu  esset  faciendum  prseser- 
tim  fjuum  homicidium  esset  in  dioecesi  intra  casus  ab 
Episcopo  reservatos.     Unde  quseritur: 

1.  Quaniam  pania  contra  abortum  procurantes  statua- 
tur,  et  num  mater  abortum  sibi  procurans  illam  incurrat? 

2.  Reservato  homicidio  ab  Episco})o  num  abortus 
comprehendi  censeatur? 

3.  Quid  a  confessario  faciendum  sit  quando  p(£nitens 
in  confessione  peccatum  a  se  commissum  neget? 

4.  Quid  ad  easum? 

186 


AN  UNFORTUNATE  MOTHER  187 

Solution 

1.  What  spiritual  penalty  is  annexed  to  the  crime  of 
procuring  abortion,  and  does  a  mother  who  commits  the 
crime  incur  the  penalty? 

By  the  Constitution  ApostoliccB  Sedis  of  Pius  IX,  those 
who  procure  al)ortion  are  excommunicated.  The  absolu- 
tion of  the  censure  is  reserved  to  the  bishops.  St. 
Alphonsus  (III,  395)  teaches  that  a  probable  opinion 
excuses  mothers  from  the  penalty  of  excommunication 
inflicted  by  Sixtus  V  on  those  who  procure  abortion. 
According  to  many  recent  theologians  this  opinion  remains 
probable  with  respect  to  the  Constitution  Apostolicce 
Sedii<  of  Pius  IX,  since  the  object  of  Pius  IX  was  to  limit 
the  number  of  censures,  not  to  increase  it.^ 

2.  When  homicide  is  reserved  by  a  bishop,  is  abortion 
comprehended  in  the  term? 

Not  usually;  in  many  of  the  pagellce  of  the  bishops  who 
reserve  homicide,  abortion  is  specially  excepted,  and  even 
if  it  is  not  expressly  excepted  it  may  be  understood  as 
tacitly  excepted,  because  it  is  a  crime  with  its  own  special 
penalties  inflicted  by  the  Holy  See. 

3.  What  should  a  confessor  do  when  a  penitent  denies 
that  he  has  conamitted  a  sin  which  nevertheless  the  con- 
fessor thinks  that  he  has  committed? 

The  confessor  should  ask  him  whether  there  is  not  some- 
thing more,  and  exliort  him  to  make  a  full  and  sincere 
confession  without  fear.  If  the  penitent  still  denies  that 
there  is  anything  more,  the  confessor  should  ordinarily 
absolve  him.     For  ordinarily  the  confessor  may  and  should 

'  Lehmkuhl,  II,  1247,  eleventh  edition. 


188  CASES  OF  CONSCIENCE 

believe  the  penitent  both  against  and  for  himself.  If 
it  is  evident  to  the  confessor  that  the  penitent  is  lying  and 
making  a  bad  confession,  he  should  of  course  not  absolve 
him,  but  occasions  when  he  can  be  sure  of  this  will  be 


rare. 


4.  The  case.  After  exhorting  the  woman  to  make  a 
full  confession  wdthout  fear,  and  asking  her  again  whether 
there  is  anything  else  on  her  conscience,  as  for  example, 
against  the  sixth  commandment,  if  she  persists  in  her 
denial,  Peter  should  absolve  her.  It  might  possibly  be 
that  she  had  not  committed  either  formal  adultery  or  abor- 
tion, or  even  if  she  had  committed  those  crimes  there  might 
be  some  reason  subjectively  sufScient  to  excuse  her  from 
confessing  them  to  Peter.  As  she  is  in  danger  of  death, 
and  all  reservation  ceases  in  such  a  case,  even  if  abortion 
were  comprehended  under  homicide  and  reserved,  Peter 
could  absolve  her  without  recurring  to  the  bishop. 

1  Bucceroni,  Theol.  Moral.,  vol.  ii,  S24. 


16 

DOUBTFUL  JURISDICTION 

TiTius  sacerdos  dioecesis  Liverpolitanae  viam  ferream 
ingressus  apud  Liverpool  Londinum  perrecturus  in  curru 
solus  crat  quum  Paulus  intrarct  et  itinera  incoepto  collo- 
quium cum  Titio  institueret.  De  aliis  rebus  sermone 
facto  tandem  de  religione  colloquebantur.  Titius  invenit 
Paulum  esse  Catholicum  nee  tamen  a  multis  annis  ob 
dissensionem  cum  parocho  esse  confessum,  paratum  vero 
esse  hie  et  nunc  confiteri  si  Titius  eum  audire  velit.  Titius 
dubitabat  utrum  adluic  cssent  intra  fines  dicEcesis  Liver- 
politana?,  sed  (luuni  Paulus  sistere  vellet  apud  Crewe, 
putans  non  esse  immorandum  statim  confessionem  audiit 
Paulumque  absolvit.  Postea  de  re  cogitanti  plura  dubia 
ei   occurrunt  quse  solvenda    proponit.     Unde    qua'ritur: 

1.  Quis  sit  minister  sacramenti  Poenitentiae? 

2.  Num  liceat  dubia  tantum  jurisdictione  prsedito 
absolvere  pd^nitcntem? 

3.  Num  du])ie  absolutus  iterum  confiteri  teneatur? 

4.  Quid  de  mode  agendi  Titii? 

Solution 

The  first  question  is  answered  above,  p.  1G9. 

2.  May  a  priest  who  has  only  doubtful  jurisdiction 
absolve  a  penitent? 

He  may  not,  except  in  case  of  necessity,  for  the  sacrament 
would  be  exposed  to  the  danger  of  nullity,  and  the  penitent 
to  harm.     In  case  of  necessity  he  may.     Theologians  admit 

189 


190  CASES  OF  CONSCIENCE 

as  just  reasons  for  giving  absolution  r,-ith  doubtful  jurisdic- 
tion the  necessity  of  making  one's  Easter  communion, 
or  if  the  penitent  has  not  confessed  for  a  long  time. 

3.  Is  one  who  is  doubtfully  absolved  bound  to  confess 
again? 

Most  theologians  answer  Yes,  for  the  reason  that  he  is 
bound  to  make  certain  that  his  sins  have  been  submitted 
to  the  keys.  This  doctrine  hardly  agrees  with  the  prin- 
ciples of  probabilism,  for  unless  there  was  some  chance 
that  the  absolution  would  be  valid  there  was  no  use  giving 
it,  and  after  the  event  Standum  est  pro  valore  actus.  St. 
Alphonsus  (VI,  432)  seems  to  restrict  the  obligation  of 
confessing  again  to  the  case  in  whicli  the  penitent  after- 
wards finds  out  for  certain  that  the  priest  had  no  jurisdic- 
tion when  he  granted  absolution. 

4.  What  about  Titius'  action?  Titius  had  faculties  only 
for  the  diocese  of  Liverpool,  but  when  he  gave  absolution 
he  was  not  certain  whether  he  was  in  the  diocese  of  Liver- 
pool, or  in  that  of  Shrewsbury  which  borders  on  it.  With 
this  doubt  in  his  mind  he  gave  absolution.  In  this  he 
acted  rightly.  For  it  was  not  certain  that  the  jurisdiction 
with  which  he  had  started  on  his  journey  had  ceased,  and 
he  could  presume  that  he  still  had  it.  As  Paul  had  prob- 
ably submitted  his  sins  to  a  duly  qualified  priest  and  had 
received  absolution  for  them,  he  was  not  strictly  bound 
to  confess  them  again,  but  Titius  should  have  told  him 
about  the  doubt  concerning  his  faculties,  so  that  Paul 
might  confess  again  if  he  wished  to  make  his  absolution 
certain,  or  in  case  he  became  dangerously  ill  before  going 
again  to  confession.^ 

*  Manual  of  Moral  Theology,  vol.  ii,  185  f. 


17 

A  LIE   IX  CONFESSION 

Inter  confitondum  sacerdoti  Julio  Anna  dicit  se  esse 
anxiam  do  ultima  sua  confessione  eo  (juod  in  ca  sit  mentita. 
.Julius  earn  interrogat  quomodo  id  acciderit.  Rcspondit 
Anna  confessarium  interrogasse  utruni  al)  ultima  confes- 
sione diebus  abstinentise  carnes  comedisset  quod  se 
negasse,  quum  fuorit  conscia  se  semol  ob  debilitatem 
propter  quam  putarct  id  sibi  licere  carnes  feria  sexta  man- 
ducasse;  nunc  vero  iit  tranquilla  gaudeat  conscientia 
omnia  velle  Julio  sincere  confiteri.  Julius  vero  ponderat 
utrum  debeat  Anna  ultimam  confessionem  integre  repetere 
necne.     Unde  quaeritur: 

1.  Quaenam  sit  materia  necessaria  et  qua^nam  libera 
sacrament!  Pcenitentise? 

2.  Num  circumstantiae  aggravantes  vol  niiiiucntes  sint 
materia  necessaria  hujus  sacramenti? 

3.  Num  obligatio  adsit  confessario  interroganti  sincere 
respondendi? 

4.  Quid  ad  casum? 

Solution 

The  first  question  is  answered  above,  p.  151. 

2.  Are  circumstances  which  increase  or  lessen  the  malice 
of  sin  the  necessary  matter  of  Penance? 

The  question  is  disputed,  but  probabh^  circumstances 
which  only  increase  or  lessen  the  malice  of  sin  and  do  not 

191 


192  CASES  OF  CONSCIENCE 

change  its  moral  or  theological  species,  are  not  necessary 
matter  for  Penance.' 

3.  Is  the  penitent  obliged  to  give  a  sincere  answer  to 
questions  put  to  him  in  confession? 

Yes,  whenever  the  confessor  questions  him  about  what 
is  necessary  to  make  his  confession  full  and  integral,  or 
about  what  is  necessary  in  order  to  judge  of  his  dispositions 
or  obligations,  so  as  to  be  able  to  counsel  and  direct  him 
ariglit.2 

4.  The  case.  Ann  when  asked  in  confession  whether 
she  had  eaten  flesh  meat  on  days  of  abstinence  denied  that 
she  had,  although  she  was  conscious  that  she  had  taken 
meat  once  on  a  day  of  abstinence  whey  she  thought  that 
she  was  justified  in  taking  it  on  account  of  feeling  weak. 
In  her  next  confession  Ann  told  this  to  her  confessor  and 
said  she  was  anxious  about  it. 

Objectively,  of  course,  Ann  committed  no  fault,  for  she 
answered  her  confessor  according  to  the  sense  of  his 
question.  The  confessor  wanted  to  know  whether  she  had 
broken  the  law  of  abstinence,  and  in  answering  No,  Ann 
told  the  truth.  Therefore  unless  Ann  thought  at  the  time 
when  she  gave  the  answer  to  her  confessor  that  she  was 
committing  a  grave  sin,  she  should  now  be  told  not  to 
trouble  further  about  it.  Her  subjectively  erroneous 
conscience  might,  of  course,  have  caused  her  to  commit 
grave  sin  subjectively,  and  then  it  would  be  necessary  to 
confess  this,  and  repeat  the  former  confession. 

'  Manual  of  Moral  Theology,  vol.  ii,  165  f. 
^  Bucceroiii,  vol.  ii,  716. 


18 

A   J)VL\c;    XUN 

Catiiarixa  nioiiialis  ([ux  ad  Congregationem  votoruni 
simpliciuin  pertiiK^bat  coiifittTi  lujllcbat  confessario  ordi- 
nariu  (jiii  singulis  hebdomadis  ad  conventum  muneris 
exercendi  causa  veuiobat,  cum  majori  enim  fructu  ut 
sibi  videbatui-  (|uaiidocuii(iuc  confessione  indigebat  Titio 
saccrdoti  qui  ecclosiu'  propinquas  inserviebat  confitcbatur. 
Occasioncm  confitcndi  in  ccclcsia  Titii  facile  invcnicbat 
quando  a  schola  elementari  ubi  puellas  quotidie  docebat 
ad  conventum  revertebatur.  Graviter  autem  aegrota 
Catharina  rogabat  superiorissam  ut  ad  confessionem 
audiendam   Titium   advocaret.     Unde   quscritur: 

1.  (^uid  statuat  jus  ecclesiastic um  de  confessionibus 
monial  um? 

2.  De  quibusnam  monialibus  agant  dictae  leges? 

3.  Quid  de  actis  vel  agendis  a  Catharina,  Titio,  ot 
supcriorissa  in  casu? 

Solution 

1.  "\Miat  does  ecclesiastical  law  lay  down  a])out  tlic  con- 
fessions of  nuns? 

There  should  be  onl\'  one  ordinal"}'  confessor  for  each 
convent,  but  an  extraoi'dinary  confessor  shoukl  be  offered 
the  nuns  two  or  three  times  a  year,  and  indeed  as  often  as 
a  nun  is  conscientiously  and  reasonably  driven  to  ask 
for  one. 

193 


194  CASES  OF  CONSCIENCE 

2.  Of  what  nuns  do  these  laws  treat? 

Although  these  laws  more  specially  relate  to  nuns  under 
solemn  vows,  yet  by  custom,  pro\dncial  legislation,  by 
special  restrictions  placed  in  the  pagdla  of  faculties,  and 
according  to  the  express  instructions  of  the  Holy  See, 
the  same  laws  now  bind  nuns  with  simple  vows.  When 
lawfully  outside  the  convent  nuns  may  confess  to  any 
approved  confessor.     See  above,  p.  174. 

3.  What  about  the  actions  of  Catherine,  Titius,  and  the 
Superioress? 

First  with  regard  to  Catherine's  conduct.  The  al:)solu- 
tions  which  she  received  from  Titius  were  valid,  and  if 
she  had  gone  to  confession  to  him  only  once  in  a  way, 
she  could  not  have  been  blamed,  for  nuns  when  lawfully 
outside  their  convent  may  confess  to  any  approved  con- 
fessor. But  Catherine  made  it  a  regular  practice  to  avoid 
the  ordinary  confessor  of  the  convent,  and  to  choose  her 
own  confessor  outside.  This  is  contrary  to  the  spirit 
of  the  laws  made  by  the  Church  for  good  reasons  with 
regard  to  the  confessors  of  nuns,  and  she  should  not  have 
done  it. 

With  regard  to  Titius.  He  was  justified  in  hearing  the 
confession  of  Catherine  and  absolving  her,  but  if  and  when 
he  noticed  that  she  came  to  him  regularly,  he  should  have 
admonished  her  to  act  more  in  the  spirit  of  the  laws  of 
the  Church. 

The  Superioress  should  have  intervened  if  she  knew^ 
what  Catherine  was  doing.  As  Catherine  is  now  dan- 
gerously ill  the  Superioress  should  humor  her  and  send  for 
Titius,  who  will  have  faculties  to  hear  Catherine's  confes- 
sion in  the  convent  as  she  is  in  danger  of  death. 


19 
A  BISHOP'S  RESERVED  CASE 

Caius,  sacerdos  regularis,  duiii  iiiissioiu'iii  Iradit  in 
quodam  oppido,  a  civitate  Episcopal!  loiigo  dih;tanti, 
audit  coiifessionom  Titii  operarii  qui  ibidem  degit.  Inter 
confitcndum  Titius  dicit  sc  rcccntcr  junctum  fuisse  matri- 
monio  cum  Bertha  protcstantica  coram  registrario  civili, 
ad  tale  faciiius  adactum  propter  difficultatcm  a  i)arocho 
ohtiiieiidi  disjK'iisalionem  a  matrimonio  iiiixto.  Caius 
rccordatur  casum  esse  ex  iis  quos  Episcopus  sibi  reservat, 
quomodo  autem  sit  procedendum  nescit.  Titius  enim 
A^detur  perpetuo  impeditus  quominus  Episcopum  adeat, 
ad  sci-ihendum  vero  etiamsi  scril)ere  possit  nulla  lege 
teneri  videtur;  (juod  etiam  de  ipso  Caio  dici  posse  videtur; 
ex  altera  jwrte  Titius  scandalum  dedit  quod  est  reparan- 
dum.     Unde  (juaTitur: 

1.  Quid  lex  ecclesiastica  statuat  de  habente  casum  papa- 
lem  et  impedito  quin  Romam  adeat? 

2.  Quid  de  habente  casum  episcopalem  et  impedito 
quin  Episcopum  adeat? 

3.  Quid  a  Caio  faciendum?  et  (juid  si  Titius  ignoret 
casum  esse  reservat  uni  ab  Episcopo? 

Solution 

1.  WTiat  does  the  law  of  the  Church  prescribe  with 
regard  to  a  penitent  who  has  a  papal  case  and  is  prevented 
from  going  to  Rome? 

195 


196  CASES  OF  CONSCIENCE 

If  there  is  no  need  for  immediate  absolution  the  case 
must  be  submitted  by  letter  to  the  Grand  Penitentiary 
at  Rome  either  by  the  penitent  himself,  or  by  his  con- 
fessor, in  order  that  special  faculties  for  granting  absolu- 
tion may  be  obtained.  If  the  penitent  is  under  the 
necessity  of  obtaining  absolution  at  once,  he  may  be 
absolved  directly  by  any  confessor,  but  within  a  month 
the  case  must  be  submitted  to  Rome  by  the  penitent  or 
by  his  confessor  under  pain  of  falling  again  into  the  same 
case.i 

2.  W^iat  must  be  done  with  a  penitent  who  has  incurred 
a  bishop's  case  and  is  prevented  from  going  to  the  bishop? 

The  regulation  given  above  for  the  treatment  of  papal 
cases  is  gradually  being  applied  to  bishops'  cases  also. 
Otherwise  a  priest  without  special  faculties  may  give 
absolution  from  a  bishop's  case  when  the  penitent  can 
not  go  to  the  bishop.  The  absolution  will  be  indirect 
if  the  penitent  can  present  himself  to  the  bishop  within 
six  months,  direct  if  he  can  not.^ 

3.  The  case.  If  Titius  was  married  before  April  19, 
1908,  the  marriage  would  be  vahd  in  England  and  in  most 
parts  of  the  United  States,  and  Caius  might  absolve 
him  to  enable  him  to  go  to  Holy  Communion.  If  the 
bishop  of  the  diocese  requires  that  reserved  cases  should 
be  submitted  to  him  by  letter,  this  should  be  done,  either 
by  the  penitent  or  by  the  confessor.  If  Titius  was  ignorant 
tliat  his  case  was  reserved  to  the  bishop,  his  ignorance 
probably  excuses  him  from  incurring  the  reservation, 
unless  the  bishop  has  expressly  declared  the  contrary. 
If  Titius  were  induced  to  give  the  promises  usually  made 

1  Manual  of  Moral  Theology,  vol.  ii,  204. 

2  Ibid.,  207  f. 


A  BISHOP'S  RESERVED  CASE  197 

before  a  dispensation  is  granted  for  a  mixed  marriage, 
and  if  ho  promised  to  lead  a  good  Catholic  life  himself, 
it  would  go  far  to  repair  the  scandal  he  caused. 

If  the  marriage  took  place  after  the  decree  A^e  temere 
came  into  force,  the  marriage  is  null  and  void  on  account 
of  clandcstinity.  The  case  should  be  referred  to  the  bishop, 
who  will  doubtless  grant  faculties  to  Caius  or  to  the  parish 
I)riest  to  revalidate  the  marriage  and  instruct  him  as 
to  what  he  is  to  do.  In  the  meantime  Titius  should  not 
use  marital  rights,  and  it  would  be  well  if  he  kept  away 
from  home.  In  the  possible  case  of  Titius  thinking  in 
good  faith  that  he  was  really  married,  he  might  be  left 
in  his  good  faith  until  the  dispensation  arrived.  After 
the  dispensation  has  been  fulminated,  the  religious  mar- 
riage should  take  place  before  the  parish  priest  or  his 
delegate  and  two  witnesses. 


20 

DE    ABSOLUTIONE    COMPLICIS 

TiTius  sacerdos  dum  exercitia  spiritualia  peragebat 
misericordia  divina  motus  pactum  aliquod  cum  Paulo 
sacerdote  manifestabat  confessario.  Quum  eiiim  Titius 
et  Paulus  mutui  scirent  se  ssepius  cum  mulieribus  peccare 
conveniebant  inter  se  de  confessione  mutuo  facienda  et 
de  absolutione  mutuee  complici  danda.  Quibus  auditis 
dubitabat  confessarius  Titii  utrum  absolvere  eum  nunc 
possit.     Unde  qugeritur: 

1.  Quid  de  absolutione  complicis  statuat  lex  ecclesiastica? 

2.  Quomodo  sit  verbum  cornplex  intelligendum? 

3.  Quid  faciendum  a  confessario  sacerdotis  qui  com- 
plicem  absolverit? 

4.  Quid  ad  casum? 

SOLUTIO 

1 .  Quid  de  absolutione  complicis  statuit  lex  ecclesiastica? 
Sacerdos  qui  cum  alia  persona  graviter  contra  castitatem 

deliquerit  prohibetur  quominus  eam  personam  absolvat 
a  peccato  complicitatis,  jurisdictione  quoad  istud  peccatum 
absolvendum  privatur,  ac  si  absolutionem  istius  peccati 
attentat  excommunicationem  specialissimo  modo  Romano 
Pontifici  reservatam  incurrit.^ 

2.  Quomodo  sit  verbum  complex  intelligendum? 

^  Manual  of  Moral  Theology,  vol.  ii,  213. 
198 


DE  ABSOLVTIOSE  COMI'lJCIS  1!J!J 

Complex  in  peccato  turpi  liif  iiitellioitur  (lui  intcnic  et 
extenic  grave  peceatuin  eoiitra  castitatein  .si\'e  verbis, 
sivc  aspectu,  .sive  faeto,  cum  sacerdote  etiam  ante  sacer- 
dotium  susccptuiii  coinniiscrit.i 

3.  Quid  faciendum  a  confessario  sacerdotis  cpii  eom- 
plicem  absolvent? 

Debet  confessarius  si  sacerdos  eonfitetur  se  attentasse 
absolutionem  complicis  ilium  nionere  ut  petat  facultatem 
a  S.  Poenitentiaria  (pia  absolvi  possit  a  suo  confessario. 
Si  velit,  potest  ipse  confessarius  banc  facultatem  petere. 
Nomen  pcunitentis  non  declaratur  S.  PcEnitentiaria?. 
Si  necesse  sit  ad  scandalum  vitandum  vel  propter  aliam 
justam  causam  ut  pd'uitens  statim  ;il).-()Ivatur.  confessarius 
eum  absolvere  dii'c^cte  potest  sed  sub  onere  se  sistendi 
infra  mensem  per  litteras  ut  supra  S.   Pcrnitentiari^c.^ 

4.  Ad  casum.  Titius  et  Paulus  sacerdotes  mutuo 
conveniebant  de  complicilius  mutuis  in  peccato  tui'pi 
absolvendis  ac  de  se  ipsis  invicem  absolvendis  a  suis  pec- 
catis.  Istud  pactum  est  ipsum  contra  castitatem  quatenus 
est  medium  (pio  impuritati  facilius  indulgere  valent; 
sunt  igitur  Titius  et  Paulus  complices  in  peccato  turpi 
nee  possunt  se  mutuo  absolvere,  quod  si  attentent  dictam 
excommunicationem  incurrunt .^ 

'  Manual  of  Moral  Theology,  vol.  ii,  214. 

2  Ibid,  204. 

*  Bulot,  Compend.  Theol.  Moral.,  vol.  ii,  n.  575. 


21 

FICTA    ABSOLUTIO    COMPLICIS 

TiTius  sacerdos  se  confert  ad  domum  quamdam  Regula- 
rium  ad  vacandum  exercitiis  spirit ualibii.s.  Post  aliquot 
dies  ibidem  confessionem  facit  Patri  Caio  (}ui  ci  exercitia 
tradebat.  Inter  alia  peccata  confitetiir  sc  inhonestos 
sermones  habuisse  cum  Philippo  amieo  qui  ad  gregem 
sibi  commissum  pertinebat  et  postea  eum  absolvissc;  prse- 
terea  se  turpiter  peccasse  cum  Maria  ejus  filia  semel  et 
iterum,  et  camdem  sibi  confessam  absolvere  semel  finxisse; 
alia  vice  in  confessionali  quum  earn  adesse  ex  vocis  sono 
suspicaretur,  ne  autem  certior  esset  factus  ab  interrogando 
earn  abstinuisse  ac  tunc  revera  absolvisse,  postea  tamen 
quum  peteret  sacram  Commvmionem  eam  adfuisse  in 
confessionali  factum  esse  certum.  Titius  addit  se  maxime 
dolere  de  pra^teritis,  firmissime  proponere  vitse  emenda- 
tionem  et  absolutionem  petit.     Unde  (juseritur: 

1.  Quid  statuat  Benedictus  XIV  in  Constitutione  Sacra- 
mentum  Poenitentice'! 

2.  Quid  de  facultate  absolvendi  a  casibus  ibidem 
contentis? 

3.  Quid  ad  casum? 

SOLUTIO 

1.  Quid  statuit  Ben.  XIV  in  Const.  Sacramentum 
PoenitentioB? 

Benedictus  XIV  in  dicta  Constitutione  agit  de  crimine 
sollicitationis  et  de  attentata  absolutione  complicis.   De 

200 


FICTA  ABSOIJ-TfO  COMI'IJCIH  201 

solliciiatione  statuit  OriliiKiiios  Icncri  iiKiuircre  ct  pro- 
cedcre  contra  sacerdotes  (lui  sunt  rei  soUicitationis  in 
sacro  tribunali;  omnes  confessarios  qui  sciant  suos  poc- 
nitentes  fuisse  sollicitatos  ab  aliis  in  sacio  tiil)unali  tcucri 
ad  cosdem  monondos  do  ol)lio;ationo  sollicitautcs  dcnun- 
ciandi;  potcstatem  ab.solvcndi  cos  (jui  ("also  accusant 
sacerdotes  sollicitationis  esse  Summo  Pontifici  reservatam. 
De  attentata  absolutione  complicis  statuit  sacerdotem 
hujiis  eriminis  rcum  incurrere  excommuuicationem  S. 
Pontifici  pariter  reservatam. ^ 

2.  Quid  de  facultate  absolvendi  a  casibus  ibidem  con- 
ten  tis? 

Absolutio  a  censuris  in  Const.  Sacramentum  Poenitentice 
contontis  est  mode  specialissimo  reservata  S.  Scdi  ita 
ut  non  comprehcndatur  facultas  ab  eis  absolvendi  etiam 
in  facultate  absolvendi  ab  omnibus  casibus  S.  Sedi  spe- 
cialiter  reservatis.^ 

3.  Ad  casum.  Titius  inhonestos  sermones  cum  Philippo 
habuit  eumque  postea  absolvit.  Si  ita  inhonesti  fuerint 
sermones  ut  grave  peccatum  contra  castitatem  constitue- 
rent,  absolutio  fuit  nulla  (^t  irrita,  ac  Titius  in  casum  reserva- 
tum  incurrit  (S.  Officium,  28  Mali  1873).  Fingendo 
absolutionem  Marian  non  evitabat  Titius  excommu- 
nicationem,  juxta  saipc  declarata  a  S.  Poenitentiaria  et 
S.  Officio.3 

Abstinendo  ab  interrogatione  ne  agnosceret  complicem 
ac  postea  cam  absolvendo,  videtur  Titius  cum  ignorant ia 
crassa  et  supina  eglsse,  ac  proinde  censuram  iteruni  incur- 
risse  juxta  rcsponsum  S.  Officii  13  Jan.  1892. 

>  Manual  of  Moral  Theology,  vol.  ii,  210  ff. 

2  Ibid.,  205. 

«  G^nicot,  vol.  ii,  n.  353. 


202  CASES  OF  CONSCIENCE 

Unde  Titius  pluries  excommimicationem  specialissimo 
modo  reservatam  incurrit,  nee  poterit  absolvi  sine  facultate 
specialiter  accepta  a  S.  Poenitentiaria,  cui  est  declarandum 
quoties  Titius  complices  absolvent. 


22 
DISTINCTIO  INANIS 

Caius  sacerdos  ad  pedes  Titii  eonfessarii  provolutus 
confitetiir  se  poenitentem  quamdam  in  sacro  tribunal! 
ad  grave  peccatiim  turpe  sollicitasse,  necnon  postea  apud 
se  illud  peecatum  confitentem  eamdem  directe  ab  aliis 
peccatis  indireete  a  peccato  complicitatis  absolvisse, 
in  quod  nullam  jurisdictionem  se  habere  bene  cognovisse 
nee  illud  absolvere  intendisse  declarat.  Titius  absolvit 
Caium  quam\is  sollicitatio  in  sacro  tribunali  sit  peecatum 
ab  Ordinario  reservatum,  eo  quod  eras  celebrare  pro 
populo  poenitens  ex  officio  teneatur,  nescit  tamen  utrum 
onus  Romam  scribendi  sit  ei  imponendum  utpote  censura 
excommunicationis  ligato  ob  absolutionem  complici  datam. 
Unde  quieritur: 

1.  Quid  sit  casuum  reservatio  et  quinam  ejus  finis? 

2.  Unde  dignoscantur  casus  reservati? 

3.  Quid  facere  debeat  confessarius  peecatum  reservatum 
audiens? 

4.  Quid  ad  casum? 

SOLUTIO 

1.  Quid   est  casuum  reservatio  et  quinam   ejus   finis? 

Reservatio  casuum  est  limitatio  jurisdictionis  quam 
confessarius  retinet  quoad  cetera  pcccata  quamvis  dcne- 
getur  quoad  reservata.     Finis  rcservationis  est  disciplina 

203 


204  CASES  OF  CONSCIENCE 

populi  Christiani,  ut  nempe  deterreatur  a  peccatis  reser- 
vatis  committendis  propter  difficultatem  obtinendi  abso- 
lutionem,  et  ut  qui  ea  committat  peritiorem  habeat  con- 
fessarium.^ 

2.  Unde  dignoscuntur  casus  reservati? 

Casus  papales  fere  omnes  continentur  in  Constitutione 
Pii  IX  ApostoliccB  Sedis,  prseter  unum  de  falsa  aceusa- 
tione  sollicitationis,  quod  habetur  in  Constitutione  Bene- 
dicti  XIV  Sacramentum  Poenitenti(B,et  aliud  de  stipendiis 
Missarum  in  decreto  S.  C.  C.  11  Maii  1904.  Casus  episco- 
pales  habentur  in  pagellis  quas  confessariis  concedunt 
episeopi.  Casus  Regularium  in  eorum  Constitutionibus 
et  regulis  inveniuntur. 

3.  Quid  facere  debet  confessarius  peccatum  reservatum 
aiidiens? 

"  Extra  articulum  mortis,"  ait  Tridentinum  (Sess. 
XIV,  c.  7),  "  sacerdotes  quum  nihil  possint  in  casibus 
reservatis,  id  unum  poenitentibus  persuadere  nitantur, 
ut  ad  superiores  et  legitimos  judices  pro  beneficio  abso- 
lutionis  accedant."  Ssepe  tamen  ex  caritate  tenebitur 
confessarius  speciales  facultates  obtinere  ut  ipse  poeniten- 
tem  reservato  peccato  oneratum  absolvat. 

4.  Ad  casum.  Caius  sollicitavit  ad  turpe  peccatum 
poenitentem  in  sacro  tribunali,  (juod  peccatum  fuit  Epis- 
copo  reservatum.  Praeterea  complicem  postea  ab  aliis 
peccatis  absolvit  non  intendens  eam  a  peccato  complici- 
tatis  absolvere,  deinde  sua  peccata  Titio  est  confessus. 
Titius  recte  fecit  Caium  absolvendo  propter  necessitatem 
in  qua  versabatur  eras  pro  populo  celebrandi.  Absolutio 
peccati  Episcopo  reservati  erat  indirecta,  ac  proinde  tene- 
bitur Caius  obtinere  directam  absolutionem  vel  ab  Epis- 

'  Manual  of  Moral  Theology,  vol.  ii,  192 


DISTINCT  JO  I  NAN  IS  205 

copo  vel  a  delegate  ab  eo.  Dedit  Caius  ahsolutionem 
complici  et  sic  incidit  in  casum  S.  Pontifici  reservatum, 
nam  attentabat  complicem  absolvcre  nee  potuit  restringcre 
absolutionem  mcra  sua  inlcutionc  ad  cetera  peccata, 
(jiiia  noil  pendet  al)  iiitciitioiic  sacerdotis  ad  quae  peccata 
inter  confessa  absolutio  a  se  data  extendere  debeat. 
Pra;terea  fingit  se  al)solvere  poenitentem  complicem  et 
hac  ratione  incurrit  censuram.  Unde  tenebitur  infra 
mensem  se  sistere  S.  Pcentitentiaria>  cj usque  mandatis 
obtemperare. 


23 

ERROR   NON   DAT   JURISDICTIONEM 

Caius  sacerdos  mittitur  ad  quamdam  missionem  ut  ad 
tempus  vices  quasi-parochi  infirmi  suppleat.  Dum  con- 
fessiones  audit  venit  Martha  quse  se  accusat  turpis  peccati 
cum  sacerdote  pluries  admissi.  Consuetudinem  peccandi 
suspicatus  Caius  interrogat  utrum  ante  ultimam  confes- 
sionem  idem  peccatum  commisisset,  et  invenit  Martham 
habere  habitum  peccandi  cum  sacerdote,  et  apud  eumdem 
postea  confitendi;  quippe  quae  nesciat  quidquam  obstare, 
quod  valde  probabihter  verum  esse  Caius  putat  de  omnibus 
fidehbus  utpote  rudibus  qui  ad  istam  missionem  pertinent. 
Hinc  Caius  dubitat  quid  a  se  sit  faciendum.  Unde 
quaeritur: 

1.  Quid  statuatur  a  Benedict©  XIV  in  Const.  Sacramen- 
tum  Pxnitentice? 

2.  Num  et  quando  possit  error  communis  supplere 
confessario  jurisdictionem? 

3.  Quid  a  Caio  faciendum? 

SOLUTIO 

Primae  quaestioni  respondetur  supra,  p.  200. 

2.  Num  et  quando  potest  error  communis  supplere 
confessario  jurisdictionem? 

Ecclesia  certo  supplet  jurisdictionem  si  adsit  titulus 
coloratus  simul  cum  errore  communi.     Probabihter  etiam 

206 


ERROR  NON  DAT  JURISDICriONEM  207 

supplet  cum  solo  crroro  rommuni  otiamsi  non  sit  titulus 
coloratus  conjunct  us.  (^ua;  tamon  probabilis  sententia 
non  potest  applieari  casui  in  quo  complex  in  peccato 
turpi  jjutat  se  posse  absolvi  a  complice  sacerdote.  Nam  talis 
error  est  privatus,  et  populus  potius  ignorat  legem  eccle- 
siasticam  cjua)  privat  complicem  jurisdictione  quam  circa 
illam  errat.  Deinde  quidquid  sit  de  generali  principle 
certum  est  Eeclesiam  nolle  supplere  jurisdictionem  com- 
plici  sacerdoti  ut  hie  complicem  absolvat,  nam  expresse 
dicit  Constitutio  Benedictina  Sacramentum  Pcenitentice; 
"  Sublata  jurisdictione  ad  qualemcumque  personam  ab 
hujusmodi  culpa  absolvendam." 

3.  Ad  casum.  Confessiones  Marthae  utpote  bona  fide 
factai  fuerunt  validae,  et  absolutio  ceterorum  peccatorum 
fuit  directa  quum  sacerdos  complex  tantum  privetur 
jurisdictione  "  quoad  hujusmodi  culpam  absolvendam." 
Absolutio  peccatorum  complicitatis  fuit  indirecta  ac 
proinde  tenetur  Martha  ea  iterum  clavibus  subjicere  ut 
directe  absolvantur.  Debet  ergo  Caius  exquirere  quoties 
vel  a  quo  tempore  sit  confessa  peccata  complicitatis  apud 
complicem,  eamque  monere  ut  ilium  in  posterum  evitet 
turn  intra  tuni  extra  confessionem. 


24 

ASKING  THE  NAME  OF  AN  ACCOMPLICE 

Albertus  puer  quatuordecim  annorum  in  collegio  quo- 
dam  Catholico  degens  accusat  se  in  confessione  peccati 
turpis  cum  alio  puero  commissi.  Interrogatus  a  confes- 
sario  ultro  fatetur  se  pluries  antea  ab  eodem  complice 
sollicitatum  idem  peccatum  admisisse.  Confessarius  quum 
prudenter  timeat  ne  iterum  idem  accidat  rogat  utrum  sit 
paratus  omnia  media  adhibere  ad  relapsum  praecavendum, 
etiam  ad  complicem  denunciandum.  Puer  dicit  se 
libenter  nomen  complicis  confessario  ipsi  manifestaturum, 
nullo  tamen  modo  superioribus  quamvis  libenter  concedat 
facultatem  confessario  superioribus  rem  declarandi.  Ex 
circumstantiis  judicat  confessarius  omnino  esse  necessarium 
ad  relapsum  praecavendum  et  etiam  ad  bonum  commune 
collegii  ut  complex  in  casu  superioribus  denuncietur; 
unde  puerum  non  posse  absolvi  hoc  onere  recusato,  putat 
tamen  sibi  non  licere  nomen  complicis  inquirere.  Unde 
quseritur: 

1.  Quid  dicendum  de  necessitate  confitendi  peccatum 
si  mde  complex  peccati  confessario  manifestetur? 

2.  Quid  de  confessario  qui  nomen  complicis  inquirat? 

3.  Quid  faciendum  a  confessario  in  casu? 


208 


ASKING  THE  XAME  OF  AX  ACCOM  FLIC  E  209 


Solution 

1.  Is  it  necessary  to  confess  a  sin  if  in  so  doing  an 
accomplice  in  the  sin  is  made   known    to    llu;   confessor? 

If  possible  the  penitent  sliouid  <;-o  to  a  confessor  who 
would  not  know  the  accomplice  in  the  sin.  If  he  can  not 
conveniently  do  this,  it  is  a  controverted  {joint  as  to 
whether  he  should  mention  the  sin,  which  can  not  be 
confessed  without  also  betraying  an  accomplice,  or  not. 
Some  authorities  hold  that  he  may  not  mention  the  sin 
because  the  natural  law  of  secrecy  about  another's  sin  is 
stricter  than  the  positive  law  about  the  integrity  of  con- 
fession. Others  hold  the  contrary  opinion,  because  for 
good  reason  we  may  make  known  the  secret  sin  of  another. 
Both  opinions  are  probable,  so  that  the  penitent  may 
follow  either.  1 

2.  May  a  confessor  ask  the  name  of  an  accomplice? 

In  the  Constitution  Aposfolicce  Sedis  the  first  of  the 
excommunications  reserved  to  the  Holy  See  is  incurred  by 
those  who  teach  or  defend  as  lawful  the  practice  of  inquir- 
ing from  penitents  the  name  of  an  accomplice  in  sin  as 
the  practice  was  condemned  by  Benedict  XIY.  The 
practice  then  is  in  general  unlawful.  However,  as  Benedict 
XIV  himself  supposes,  there  are  certain  cases  in  which 
the  penitent  is  bound  to  denounce  an  accomplice,  and 
sometimes  this  can  only  be  done  to  or  through  a  confessor, 
w^ho  may  then  ask  the  name  of  an  accomplice .^ 

3.  The  case.  The  good  of  the  college  requires  that  the 
boy  who  corrupts  his  school  fellows  should  be  denounced 

*  Bucccroni,  vol.  ii,  n.  720. 
2  Ibid.,  1178  ff. 


210  CASES  OF   CONSCIENCE 

to  the  authorities  when  this  is  necessary  to  prevent  future 
grave  sins.  This  could  only  be  done  in  the  circumstances 
of  the  case  by  Albert  himself.  He  was  therefore  under  a 
grave  obligation  of  doing  this,  and  could  not  be  absolved 
if  he  refused  to  do  it.  As  he  absolutely  refused  to  denounce 
his  accomplice  personally  to  the  authorities,  but  was 
not  unwilling  to  tell  the  confessor,  to  whom  he  also  gave 
leave  to  mention  the  matter  to  the  authorities,  the  con- 
fessor may  ask  him  to  write  the  boy's  name  on  a  slip  of 
paper  and  put  it  in  an  envelope  and  give  it  to  him,  and 
that  he  will  see  that  it  goes  to  the  authorities.  In  doing 
this  the  confessor  would  do  nothing  wrong,  but  only  help 
the  boy  to  do  his  duty. 


25 

A  RECIDIVIST 

Caius  juvenis  catholicus  qualibct  hcbdomada  confiteri 
solet.  Quamvis  alio(iuin  bontc  dispositionis,  semper  se 
accusat  peccati  mollitiei  admissi  tcr  ({uatervc  intra  heb- 
domadam.  Interrogationil^us  confessarii  reypondit  se  con- 
tinere  consuevisse  per  duos  fere  dies  post  confessionem, 
postea  vero  cadere;  se  dolere  multum  de  peccatis,  velle 
sincere  se  eripere  e  pravo  habitii,  et  libentcr  consilia  et 
media  se  emendandi  a  confessario  accepturum.  Unde 
quaeritur: 

1.  Quis  sit  recidivus? 

2.  Quomodo  tractandus? 

3.  Quid  ad  easum?     ' 

Solution 

1.  Who  is  a  recidivist? 

A  recidivist  is  one  who  after  many  confessions  has  fallen 
into  the  same  sin  without  any  or  with  scarcely  any 
amendment. 

2.  How  is  a  recidivist  to  be  treated? 

This  is  a  much  controverted  point  among  more  recent 
moral  theologians.  The  Jansenists  taught  that  a  recidi\dst 
can  not  be  absolved  until  he  has  proved  the  sincerity  of 
sorrow  by  actual  amendment  and  by  abstaining  from 
falling  again   into  the  same  sin  for  some  time  after  con- 

211 


212  CASES  OF  CONSCIENCE 

fessioii.  On  the  other  hand  laxists  held  that  a  penitent 
who  has  contracted  a  habit  of  sin  should  be  absolved  at 
once,  provided  that  he  makes  verbal  profession  of  his 
sorrow  and  purpose  of  amendment.  Even  some  who  are 
neither  rigorists  nor  laxists  hold  that  after  a  recidivist 
has  been  absolved  a  certain  number  of  times,  he  may  not 
be  absolved  again  unless  he  shows  extraordinary  signs 
of  sorrow.  The  doctrine  of  Lugo  and  other  older  theo- 
logians on  this  matter  seems  more  workable  and  better 
grounded.  In  brief  it  comes  to  this:  that  the  matter 
must  be  left  to  the  judgment  of  the  confessor,  and  if  the 
confessor  judges  that  the  penitent  is  here  and  now  sorry 
for  his  sins,  notwithstanding  his  falls  in  the  past,  he  may 
always  absolve  him.^ 

3.  The  case.  The  fact  that  Caius  keeps  from  sin  for 
some  time  after  going  to  confession  shows  that  he  derives 
fruit  from  the  sacrament  and  he  should  not  be  deprived 
of  it.  He  may  be  told  to  come  to  confession  immechately 
after  falling  into  sin  if  he  can  do  so;  to  pray  hard  and 
perseveringly  especially  in  time  of  temptation  to  God  and 
His  blessed  Mother  for  help;  to  go  frequently  to  Holy 
Communion;  to  keep  constantly  occupied  in  mind  and 
body;  to  take  plenty  of  fresh  air  exercise;  and  similar 
means.  With  God's  grace,  if  he  adopts  these  remedies 
he  will  confiuer  his  bad  habit.  The  confessor  should  do 
all  he  can  to  cheer  and  encourage  him. 

1  Manual  of  Moral  Theology,  vol.  ii,  218  ff. 


26 

A  LONDON  ACTRESS 

Caia  actrix  sconica  {actress)  satis  Celebris  in  quodam 
theatro  Londinensi  Lucio  sacerdoti  singulis  fer(!  mensibus 
confiteri  solet.  Inter  alia  peccata  semper  occurrunt 
qurcdarn  cum  juvenibus  commissa  quos  ^dx  aut  ne  vix 
(luitlem  e\itare  potest  quum  in  ipso  theatro  earn  quadrant. 
Optima;  indolis  Caia  Lucio  videtur,  et  peccare  propter 
occasiones  ac  fragilitatem  potius  quam  ex  malitia;  quo 
magis  anxius  est  ut  sciat  quid  sibi  faciendum  turn  quoad 
absolutionem  dandam,  differendam,  vel  negandam,  turn 
ut  Caiam  a  pravo  habitu  eripiat.     Unde  quseritur: 

1.  Quomodo  differant  occasionarius,  consuetudinarius, 
recidivus? 

2.  Num  et  qua  regulse  dari  possint  quoad  absolutionem 
recidivorum? 

3.  Quid  ad  casum? 

Solution" 

1.  How  do  the  terms  occasionarius,  consuetudinarius, 
recidivus,  differ? 

An  occasionarius  is  one  who  is  placed  in  a  proximate 
occasion  of  sin;  a  consuetudinarius  is  one  who  has  con- 
tracted a  habit  of  sin;  a  recidivus  is  one  who  after  man)^ 
confessions  falls  again  into  the  same  sin  without  any  or 
with  scarcely  any  amendment. 

213 


214  CASES  OF  CONSCIENCE 

2.  Can  any  rules  be  given  with  regard  to  absolving 
recidivists? 

Some  theologians  descend  into  minute  particulars  on 
this  point  and  give  a  great  man}-  rules  of  great  complexity. 
Those  given  by  Lugo  are  practical  and  short.  They  are 
these : 

a.  If  a  confessor  judge  a  penitent  notwithstanding  a 
past  habit  of  sin,  to  have  here  and  now  a  true  sorrow  and  a 
firm  resolve  not  to  sin  again,  he  can  absolve  him. 

b.  But  in  the  second  place  it  is  certain  that  when  a 
priest,  considering  the  past  habit  of  sin,  the  propensity 
to  it,  and  other  circumstances,  can  not  judge  the  penitent 
to  be  sufficiently  averse  from  the  sin,  he  can  not  absolve 
him,  however  much  the  penitent  asserts  that  he  is  sorry. 

c.  It  will  help  toward  forming  a  judgment  about  the 
present  dispositions  of  the  penitent  if  he  show  special  signs 
of  sorrow. 

d.  Finally  it  will  sometimes  be  useful  to  put  off  absolu- 
tion for  some  days.^ 

3.  The  case.  As  was  said  above  (p.  212)  one  who  after 
many  confessions  falls  again  into  the  same  sin  without  any 
or  scarcely  any  amendment,  may  always  be  absolved  by 
the  confessor  if  he  judges  that  the  penitent  is  here  and 
now  sorry  for  his  sins  and  purposes  to  correct  them  in 
future.  Caia  seems  to  be  such  a  penitent,  and  so  Lucius 
may  absolve  her.  He  has  no  right  to  deny  her  absolu- 
tion, and  it  would  probably  do  more  harm  than  good  if 
he  were  to  defer  it  for  a  time.  However,  he  may  and 
should  suggest  means  by  which  she  may  be  able  to  avoid 
sin.  We  presume  that  she  neither  does  nor  says  any- 
thing wrong  in  the  course  of  her  acting.     The  only  remedy 

» Manual  of  Moral  Theology,  vol.  ii,  219  f. 


A   LOS  DOS'  ACTRESS  21  o 

to  siip;<;ost  if  tho  contrary  were  (1h>  fact  would  he  to  stoji 
it.  A\'('  supijose  tliat  licr  duties  are  not  wrong  in  them- 
selves, but  that  they  funiisli  the  occasions  of  sin  to  her. 
It  would  be  a  good  thing  if  she  could  abandon  her  pro- 
fession and  take  up  another  whicli  woukl  be  less  dangerous. 
If  she  can  not  do  this,  the  confessor  might  suggest  that 
Caia  should  always  have  her  mother,  or  sister,  or  lady 
friend  with  her  in  the  theatre.  She  should  attend  to  her 
prayers,  go  to  the  sacraments  every  week  if  she  can, 
and  if  she  gets  a  good  offer  of  marriag(^  she  should  accept 
it  and  retire  from  the  stage. 


27 

A  LOOSE  PRTXCIPLE 

Petrus  et  Paiilus  operarii  fiimimi  herbal  nicotianse 
ducebant  propc  feiiilia  Jacobi,  cui  olim  in.serviebant,  sed  qui 
eosinjuste  dimiserat.  Casu  inopinato  sulphurata  ardentia 
inter  foeniim  inadvertenter  projeceriint.  Itinera  paululum 
producto,  respicientes  viderunt  igniculum  e  feno  oriri. 
Propter  veterem  inimicitiam  erga  Jacobum,  et  eo  quod 
alter  alterum  incrcpavit  de  incendio  excitato,  neuter 
pedem  movit  ad  Jacobum  moncndum  de  periculo  immi- 
nenti,  ac  proinde  irriti  fuorunt  conatus  concurrentium  ad 
ignem  extinguendum,  et  fcnilia  perierunt.  Postea  Petrus 
cogitans  de  Paschali  prsecepto  implendo,  ad  Caium  eon- 
fessarium  accedit,  et  exquirens  pra?sertim  de  obligatione 
restitutionis  refert  dimidium  valoris  rerum  qua?  perierant 
a  societate  assecurationis  jam  solutum  esse,  et  Jacobum 
terrefactum  ad  extremum  pene  vita?  reductum,  pristinam 
sanitatem  tandem  recuperasse,  at  non  sine  magnis  expensis 
contractis.  Caius  vero  eum  ab  omni  onere  restitutionis 
excusat,  uti  alias  semper,  quia  ut  ait,  semper  adest  aliciua 
causa  qua)  restitutionis  obligationem  saltern  dubiam 
reddit;   lex  vero  dubia  non  obligat.     Unde  qua3ritur: 

1.  Quse  sint  conditiones  ut  actio  damnosa  pariat  obliga- 
tionem restitutionis? 

2.  Quid  si  confessarius  indebitc;  ol^ligavcrit  vel  solverit 
a  restitutione  facienda? 

3.  Quid  ad  casum? 

216 


A   LOOSE  PRINCIPLE  217 

Solution 

1.  What  conditions  are  necessary  that  an  obHgation 
to  make  restitution  may  arise  tVoiii  an  action  wliich  causes 
(lamao'o? 

There  must  ])v  thcolojj;ical  fauU,  the  damage  n\\\<\  he 
really  and  objectively  unjust,  tlie  action  nuist  be  the 
cause,  not  merely  the  occasion,  of  the  damage.' 

2.  \Miat  if  a  confessor  has  improperly  imposed  the 
obligation  of  maldng  restitution,  or  improperly  exonerated 
a  penitent  from  it. 

If  this  was  done  without  grave  theological  fault,  the 
confessor  will  lie  bound  to  correct  his  mistake  and  prevent 
harm  coming  from  it  as  far  as  he  can.  If  his  action 
involved  grave  fault  on  his  part,  either  through  grave 
neghgence  or  mahce,  he  becomes  a  co-operator  in  injustice, 
and  is  bound  to  make  good  the  harm  done  to  liis  ])cnitent 
or  to  a  third  person  by  his  wrong  conduct. - 

3.  The  case.  Caius'  principle  is  certainly  false,  and  will 
be  the  cause  of  his  doing  serious  harm  if  he  continues  to 
apply  it  in  ])ractice.  Still  in  the  case  before  us  it  did  not 
cause  him  to  go  astray.  Peter  and  Paul  inadvertently 
threw  lighted  matches  among  James'  hay,  and  after  they 
had  left  the  spot  they  looked  back  and  saw  that  a  small 
fire  had  been  kindled.  The  one  who  had  caused  tlie  fire 
was  bound  in  justice  to  do  his  best  to  ])ut  it  out,  otherwise 
he  would  be  compelled  to  make  good  the  damag'\  But 
they  did  not  know  who  had  caused  the  fire:  it  was  uncertain 
whether  it  was  caused  by  Peter,  or  by  Paul,  or  by  both 
of  them.     On  account  of  this  doubt  ncitliei-  of  them  can 

1  Manual  of  Moral  Theology,  vol.  ii,  408  ff. 

2  Ibid.,  226  f. 


218  CASES  OF  CONSCIENCE 

be  compelled  to  make  good  the  damage  done,  although 
both  committed  sins  against  charity  by  their  ill-will  against 
James  and  by  neglecting  to  extinguish  the  fire  at  first. 
The  damage  done  to  James'  health  was  not  foreseen,  nor 
was  the  expense  foreseen  which  he  incurred  on  that  account, 
and  so  no  obligation  to  make  restitution  could  arise  on 
this  oTound. 


28 
REQUISITE  KNOWLEDGE  IN  THE  CONFESSOR 

Paulus  sacerdos  per  })liu('s  annos  stiidium  theologise 
moralis  fere  omiiino  praetermisit.  Aliquoties  quidem 
instante  collatioiie  theologica  ut  nonniliil  habeat  quod 
dicat  auctorcs  ciirsim  porhistrat,  excepto  forte  cum  sibi 
contingit  casum  proponore.  (^uoad  casus  communiter 
occurrontes  nescit  utrum  solutioncm  semper  sciat;  et 
quoad  casus  difficiliores  suspicioiiem  iion  levem  habet 
se  vix  satis  scire  ad  dubitandum  de  solutionibus.  Si 
forte  casus  occurrerint  investigationem  exigentes  detexit 
res  magni  momenti  oblitas  de  impedimentis  matrimonii, 
de  coiiditionibus  coiitractuum  prsesertim  venditionis  et 
emptioiiis,  atque  de  radicibus  restitutionis.  Caius  con- 
fessai'ius  cui  Paulus  ha^c  omnia  aperit  absolutionem  denegat, 
nisi,  uti  docet  S.  Alphonsus,  promittat  se  studium  illud 
nunquam  intermissurum.     Quaeritur: 

1.  Quaenam  scientia  sub  gravi  in  confessario  requiratur? 

2.  An  possit  confessarius  post  plures  annos  satis  memoriai 
fidere  de  scientia  theologia)  olim  in  seminario  acquisita, 
quin  tamen  ilia  per  studium  refricetur? 

3.  Quid  de  casu? 

(Ex  casibus  dioecesis  Liverpolitana^  pro  ainiis  1898- 
1899.) 


219 


220  CASES  OF  CONSCIENCE 


Solution 

1.  What  knowledge  must  the  confessor  have  sub  gravis 
The  confessor  must  know  how  to  administer  the  sacra- 
ment of  penance  vaHdly,  and  he  must  have  the  knowledge 
required  to  give  a  prudent  judgment  in  this  tribunal. 
For  this  purpose  he  must  know:  "  Quae  sint  mortalia, 
quse  venialia,  saltern  ex  genere  suo;  species  et  circum- 
stantias  necessario  explicandas;  spectantia  ad  restitu- 
tionem  bonorum  et  famse;  casus  reservatos  et  excommu- 
nicationes  saltem  communiores;  censuras  et  irregularitates 
communiores;  requisita  in  pcenitente  ad  bonam  disposi- 
tionem;  remedia  peccatorum  opportuna.  Satis  est  si 
confessarius  intelligat  quse  frequentius  accidunt  et  de 
aliis  sciat  dubitare."  ^ 

2.  Can  a  confessor  after  many  years  trust  his  memory 
about  what  he  learned  in  the  seminary  without  refreshing 
it  by  study? 

No,  he  certainly  can  not  do  so.  Daily  experience  teaches 
most  men  how  readily  things  once  known  drop  out  of 
memory,  and  most  priests  know  how  easy  it  is  to  forget 
the  principles  of  moral  theology  unless  they  are  kept 
fresh  by  constant  study. 

3.  The  case.  Caius,  the  confessor  of  Paul,  who  also 
was  a  priest,  was  quite  right  to  threaten  the  withholding 
of  absolution  from  him  unless  he  promised  to  keep  up  the 
study  of  moral  theology.  It  is  clear  from  the  case  that 
he  was  deficient  in  that  knowledge  which  theologians 
require  sub  gravi  in  a  confessor.  He  was  not  sure  about  the 
right  solution  of  ordinary  cases,  and  he  had  grave  suspi- 

1  St.  Alphonsus,  Theol.  Moral,  lib.  vi,  n.  627. 


REQUISITE  KNOWLEDGE  IN  THE  CONFESSOR      221 

cions  that  he  did  not  know  enough  to  doubt  more  about 
difficult  cases.  Occasionally,  when  lie  found  it  necessary 
to  look  into  matters,  he  found  that  he  had  forgotten  things 
of  great  importance  about  the  impediments  of  marriage, 
the  conditions  of  contracts,  especially  of  sale,  and  the 
roots  of  restitution.  All  these  are  indeed  matters  of 
importance,  and  of  frequent  occurrence,  and  Paul  should 
lose  no  time  before  refreshing  his  memory  about  them; 
otherwise  he  will  not  escape  serious  sin. 


29 

THE  SEAL  NOT  BROKEN 

TiTius  confessarius  alumnorum  in  quodam  collegio 
Catholico  quum  ex  confessione  scivisset  quemdam  puerum 
pravis  moribus  imbutum  alios  ad  gravia  peccata  pertra- 
here,  eorumdem  Praefectum  admonuit  ut  diligentius 
super  gTegem  ipsi  commissum  invigilaret.  Prsefectus 
vero  etiam  sacerdos  nee  prorsus  peregrinus  in  tlieologia 
morali  dubitabat  niim  sibi  uti  notitia  data  liceret.  Unde 
quseritur: 

1.  Ad  quid  obliget  secretum  sigilli  et  qua  lege  statuatur? 

2.  Num  uti  liceat  scientia  habita  ex  confessione? 

3.  Num  superioribus  liceat  uti  dicta  scientia  in  externa 
gubernatione? 

4.  Quid  ad  casum? 

Solution 

1.  To  what  does  the  secret  of  the  seal  bind  and  by  what 
law? 

By  divine,  natural,  and  positive  law  the  confessor  is 
bound  to  say  or  do  nothing  which  could  make  known 
any  sin,  or  circumstance  connected  with  sin,  confessed  to 
him,  or  which  would  cause  the  penitent  reasonable  dis- 
pleasure, or  make  confession  more  burdensome  than  it  is.^ 

2.  Is  it  allowed  to  make  use  of  knowledge  gained  from 
confession? 

1  Manual  of  Moral  Theology,  vol.  ii,  231. 
222 


THE  SEAL  NOT  BROKEN  223 

Of  course,  such  knowleclge  must  not  be  so  used  as  to 
violate  the  seal.  Otherwise  the  confessor  may  use  knowl- 
edge gained  from  confession  to  con-ect  his  own  faults, 
to  preach  and  to  hear  confessions  witli  moic  fiuit,  to  treat 
his  penitents  and  others  witli  greater  kindness. i 

3.  May  Superiors  use  knowledge  gained  from  confession 
for  the  government  of  their  subjects? 

No,  this  may  not  be  done,  as  it  would  make  confession 
odious,  and  cause  disj^leasure  to  penitents.  The  con- 
trary opinion  was  virtually  condemned  by  a  decree  of 
Clement  \1II,  May  26,  1593,  and  another  of  the  Holy 
Office,  Nov.  18,  1082,  and  it  is  now  obsolete.^ 

4.  The  case.  Titius,  of  course,  was  not  justified  in 
doing  what  he  did  if  any  suspicion  was  likely  to  fall  on  the 
culprit  in  conse({uence  of  what  he  said.  If  what  he  said 
to  the  prefect  would  betray  neither  the  delinquent  nor 
anything  that  had  been  told  liim  in  confession,  it  would 
seem  that  Titius  was  not  to  blame,  and  that  the  prefect 
may  follow  his  admonition  without  scruple.  St.  Al])lionsus 
says:  "  Communiter  tamen  admittunt  posse  confessaiium 
uti  notitia  confessionis  ad  se  cautiorcm  reddendum  in  re 
familiari,  ad  socordiam  cxcutiendam,  ad  diligentius  invig- 
ilandum  super  gregem  suum,  modo  nulla  detur  aliis  suspi- 
cio  peccati,  netjue  ex  hoc  paniitens  gravetur,  vel  implicite 
redarguatur.  .  .  ex  D.  Thoma  in  IV,  d.  XXI,  q.  3,  a.  1, 
q.  3  ad  1,  ubi  ait:  'Potest  (confessarius)  dicere  pra^lato 
quod  diligentius  invigilet  super  gregem  suum,  ita  tamen 
quod  non  dicat  aliquitl  per  (juod  verlx)  vel  nutu  confiten- 
tem  prodat.'  " '^ 

>  Manual  of  Moral  Theology,  vol.  ii,  232. 

2  Ibid.,  232. 

*  St.  Alphoiisus,  Thcol.  Moral.,  lib.  vi,  G57. 


30 

CONFESSION  WITH  UNEXPECTED  RESULTS 

Caius  et  Tullia,  jam  ab  aliquibus  mensibus  sponsati, 
ad  confitendum  Titio  sacerdoti,  qui  sedebat  in  confessionali 
ligneo  in  Ecclesia  exposito,  Caius  ab  hac  parte  Tullia 
ab  ilia  simul  iverunt.  Primus  incepit  Caius  qui  quidem 
se  accusavit  inter  alia  fornicationis  pluries  admissse  cum 
variis  feminis.  Totam  Caii  confessionem  audivit  non 
modo  Titius  sed  etiam  Tullia,  quippe  quum  foramen 
relictum  esset  apertum  ex  utraque  parte  confessionalis. 
Post  absolutionem  datam  Caio  Titius  se  convertit  ad 
Tulliam,  quae  primo  explicat  se  fuisse  quidem  Caio  spon- 
satam,  nullo  tamen  modo  post  audita  velle  ei  nubere, 
quinimmo  odium  contra  eum  concepisse  asserit.  Unde 
quaeritur : 

1.  Qusenam  justae  causae  resiliendi  a  sponsalibus 
admitti  possint? 

2.  Quatenus  et  qua  lege  prohibeatur  usus  scientiae 
acquisitae  ex  confessione  sacramentali? 

3.  Quid  ad  casum? 

Solution 

1.  What  just  causes  for  breaking  off  an  engagement  to 
marry  may  be  admitted? 

An  engagement  to  marry  may  be  broken  ofT  by  mutual 
consent,  by  the  happening  of  an  event  wliich  would  liave 

224 


CONFESSION  WITH   i'NEXI'ECTElJ  RESULTS        225 

prevented  the  engagement  if  it  had  liappened  before  it, 
by  entering  into  a  Religious  Order  or  by  taking  sacred 
Orders,  and  b\-  tlic  Pope  for  good  reason. ^ 

2.  This  question  was  answered  above,   p.  222. 

3.  The  ease.  TulUa  of  course  did  wrong  in  Hstening 
to  the  confession  of  her  bctrotiied.  She  should  have 
gone  out  of  the  confessional  or  called  the  attention  of  the 
priest  to  tlic  fact  tliat  the  grating  was  not  closed.  Having 
heard  the  confession,  she  is  'per  se  bound  like  the  con- 
fessor not  to  allow  the  knowledge  which  she  has  gained 
to  influence  her  conduct.  She  probably  does  not  know 
this,  and  certainly  she  does  not  seem  able  to  control  her 
feelings.  Women  were  never  intended  to  be  confessors. 
Caius  will  hear  immediately  of  what  has  happened,  and 
he  will  probably  be  content  to  release  Tullia  from  her 
engagement,  as  under  the  circumstances  the  marriage 
could  hardly  turn  out  well. 

1  Manual  of  Moral  Theology,  vol.  ii,  260  f. 


31 

UNLAWFUL  USE  OF  CONFESSIONAL  IVL^TTER 

Caius  saccrdos  post  confessionein  Titio  sacerdoti  factam 
rogat  lit  ruin  recto  in  sequentibus  casibus  fecisset.  Caius 
curam  gerit  orphanorum  iitriiisquc  sexus  et  rogatus  ut 
mitteret  piierum  quindecim  annorum  ad  officiiim  quoddam 
suscipiendum  selegit  quemdam  pra\as  moribus  imbutum 
qui  ceteros  corrumpebat  ut  ex  confessionibus  sciebart, 
aptum,  tamen  ad  officium  gerendum  ({uamvis  alii  seque 
apti  essent,  apud  se  dicens  absentiam  pueri  ipsi  et  ceteris 
orphanis  profuturam.  A  sacerdote  coadjutore  rogabatur 
ut  niitteret  puellam  sexdecim  annorum  quae  famularetur 
viro  conjugate  et  Catholico,  qui  tamen  ut  Caius  ex  ejus 
confessionibus  cognoscebat  omnes  juvenes  famulas  cor- 
rumpere  solebat.  Negabat  se  id  facere  posse,  quamvis 
plures  essent  locc  idonese.     Quseritur: 

1.  Quid  sit  et  unde  oriatur  secretum  sigilli? 

2.  Quomodo  violetur  secretum  sigilli? 

3.  Quale  peccatum  committat  sigillum  violans? 

4.  Quid  a  Titio  respondendum? 

Solution 

The  first  question  was  answered  above,  p.  222. 

2.  How  is  the  seal  of  confession  violated? 

The  seal  may  be  violated  either  directly  or  indirectly. 
It  is  violated  directly  when  the  confessor  says  that  such  a 
penitent  told  him  such  a  sin  in  confession.  It  is  violated 
indirectly  when  the  confessor  says  or  does  anything,  or 

226 


L\\ LAWFUL   USE  OF  CONFESSIONAL  MATTER     227 

abstains  from  saying  or  doing  anything,  from  which 
others  may  come  to  the  Ivnowiedge  of  confessional  matter, 
or  by  whicli  the  j)enitent  may  be  aggi'ieved  or  confession 
made  odious." 

3.  What  sort  of  a  sin  is  it  to  violate  the  seal? 

It  is  a  grave  sacrilege  against  justice  and  chai-ity,  nor 
does  direct  violation  admit  of  light  matter  although 
iiidiroct  violation  does  wlicii  the  danger  of  revelation 
of  confessional  matter  is  slight  and  remote. 2 

4.  What  >hould  Titius  answer? 

Titius  should  tell  Caius  that  he  was  not  justified  in  mak- 
ing use  of  knowledge  gained  in  the  confessional  to  guide 
liini  in  his  treatment  of  the  orphans.  In  neither  case, 
it  is  true,  did  Caius  make  known  anything  that  he  had 
heard  in  the  confessional,  but  it  might  happen  that  in 
such  a  case  as  the  first  the  penitent  would  be  aggrieved 
by  being  sent  away  from  the  orphanage,  and  if  it  were 
known  that  sucli  use  was  made  of  tlie  confessional  it 
would  make  confession  more  difficult  and  odious.  This 
test  seems  decisive:  What  would  be  the  effect  on  penitents 
if  they  knew  that  the  confessor  used  knowledge  gained 
from  confession  in  the  manner  indicated  in  the  first  case? 
If  it  were  taught  that  such  use  of  knowledge  gained  in  the 
confessional  is  lawful,  the  duty  of  confession  would  cer- 
tainly be  made  more  difficult,  and  this  is  a  proof  that 
such  action  is  a  violation  of  the  seal.  In  the  second  case 
the  confessor's  action  tends  ol)\iously  to  the  displeasm'e 
and  disadvantage  of  the  pcnit(>nt.  He  should  have  tried 
to  correct  his  penitent's  morals,  and  thus  safeguard  the 
virtue  of  his  orphans. 

'  Manual  of  Moral  Theology,  vol.  ii,  231. 
'  Ibid.,  229. 


32 

A    USELESS    DEVICE 

Caius  et  Paulus  sacerdotes  eidem  missioni  inserviunt. 
Venit  ad  confitendum  Caio  poenitens  qiiidam  qui  hactenus 
Paulo  est  confessus.  Difficultates  haud  leves  Caius  sentit 
de  confessionibus  dicti  poenitentis  et  de  modo  convenienti 
cumdem  tractandi.  Quum  vero  Caius  non  possit  extra 
confcssionem  cum  Paulo  de  poenitentis  casu  colloqui  ob 
sigillum  sacramentale,  aperit  eidem  in  confessione  post 
propria  peccata  confessa  suas  difficultates  de  casu  dicto, 
et  Pauli  consilium  petit.     Unde  quseritur: 

1.  Quaenam  sit  et  unde  oriatur  obligatio  sigilli  con- 
fessionis? 

2.  Quibus  modis  violari  possit? 

3.  Quale  peccatum  sit  violatio  sigilli? 

4.  Num  unquam  liceat  uti  scientia  habita  ex  con- 
fess one? 

5.  Quid  ad  casum? 

Solution 

The  first  question  is  answered  above,  p.  222,  the  second, 
p.  226,  the  third,  p.  227,  the  fourth,  p.  223. 

5.  The  case.  As  Paulus  would  recognize  the  case  at 
once,  Caius  w^as  not  at  liberty  to  consult  him  either  out 
of  confession  or  in  confession.  The  fact  that  Caius  had 
made  his  confession  did  not  give  him  permission  to  commu- 

228 


A   USELESS  DEVICE  229 

nicate  to  Paulus  what  he  had  heard  in  confession  when 
Paukis  would  at  once  recognize  who  the  penitent  was. 
Tlie  seal  is  broken  when  two  confessors  speak  together  of 
the  sins  of  a  penitent  of  both  of  tlioiu.i  Caius  should  have 
waited  till  he  could  consult  some  one  who  would  not  know 
the  penitent. 

»  Manual  of  Moral  Theology,  vol.  ii,  232. 


I 


ORDERS 

1 

ANGLICAN   ORDINATIONS 

Caius  receiitcr  ad  fidem  Catholicam  coiiversus  et  (lui 
ssepe  amicis  haereticis  rationcm  fidei  reddcrc  tenetur 
rogat  confcssarium  (juid  sit  respondendum  difficultati 
proposita}  recenter  contra  Bullam  Apostolicce  curce. 
(^uidam  enim  in  Contemporary  Review,  Dec. '  1896,  ita 
scripsit:  ''  The  theological  argument  is  very  nebulous. 
Its  defenders  are  not  sure  of  its  meaning.  As  every  one 
knows,  the  English  ordinations  are  declared  invalid  on 
account  of  defective  form  and  intention.  A  Fi-ench 
writer  has  shown  that  the  defect  of  intention  is  inferred 
from  the  use  of  a  defective  form.  But  English  critics 
of  the  Bull  have  shown  that  what  is  lacking  in  our  form  is 
lacking  also  in  other  forms  which  are  recognized  as  valid 
by  the  Roman  Church;  indeed  in  the  ancient  Roman 
form  itself.  Father  Bernard  Vaughan  replies  hotly  that 
the  fault  is  attributed  not  to  the  form  in  itself,  but  to  the 
employment  of  the  form  in  a  new  and  defect i^'{>  sense. 
That  is  to  say,  the  defect  of  form  results  from  a  defective 
intention.  The  two  arguments  combined  will  make  an 
excellent  circle."     P.  79G.     I'nde  (iua>iitur: 

1.  Quid  sit  sacramentuni.  ct  (juid  ess(>ntialitt'r  i-('i|uiratur 
ad  ejus  valorem? 

231 


232  CASES  OF  CONSCIENCE 

2.  Qualis  inutatio  sufficiat  ad  iiivalidandum  materiam 
V(^l  forinain  sacramoiiti? 

3.  Quomodo  Bulla  Apo-sloliav  curce  demonstret  ordi- 
nationes  Anglicanas  esse  invalidas? 

4.  Quid  respondendum  l)reviter  Caio? 

Solution 

1.  "\Miat  is  a  sacrament  and  what  is  essential  to  its 
validity? 

A  sacrament  is  an  outward  sign  of  inward  grace  ordained 
by  Clirist  for  the  sanctification  and  salvation  of  our  souls. 
Three  things  are  necessary  for  the  validity  of  a  sacrament : 
the  matter,  the  form,  and  the  minister  who  makes  the 
sacrament  with  the  intention  of  doing  what  the  Church 
does.i 

2.  What  sort  of  a  change  is  sufficient  to  invalidate  the 
matter  or  form  of  a  sacrament? 

If  a  substantial  change  be  made  in  the  matter  or  form 
of  a  sacrament,  the  sacrament  is  destroyed.  The  matter 
will  be  substantially  changed  if  in  the  estimation  of  ordi- 
nary men  it  is  no  longer  the  same,  but  something  else. 
The  form  will  be  substantially  changed  if  the  sense  is  no 
longer  the  same.- 

3.  How  does  the  Bull  ApostoUcru  cimc  show  that  Angli- 
can ordinations  are  invalid? 

By  appealing  to  precedent  and  l)y  showing  that  the 
form  and  intention  expressed  in  the  Anglican  Ordinal 
are  essentially  defective.  From  the  time  of  the  legation 
of  Cardinal  Pole  to  England,  Orders  confeiTcd  according 

'  Manual  of  Moral  Theology,  vol.  ii,  21. 
2  Ibid.,  22. 


ANGLICAN  ORDINATIONS  233 

to  the  Anglican  Ordinal  have  always  been  considered 
invalid  by  Rome;  all  ix'ferences  to  the  power  of  con- 
secrating the  Eucharist  and  offering-  ui)  the  Sacrifice  of 
tlie  Mass  were  excised  from  the  ordination  rite,  thus 
showing  a  want  of  intention  to  ordain  true  jiriests. 

4.  A  brief  answer  to  Caius.  The  theological  argument 
of  the  Bull  is  clear,  and  Catholics  have  no  difficulty  about 
its  meaning.  The  defect  of  intention  is  not  inferred  from 
the  defective  form,  but  it  is  clearly  expressed  in  the  changes 
made  in  the  form  for  the  purpose  of  cutting  out  all  ref- 
erences to  a  sacrificing  priesthood,  which  the  reformers 
rejected.  There  is  a  gi'eat  difference  between  a  form 
which  has  been  altered  with  the  intention  of  excluding  all 
express  references  to  a  sacrificing  pi-ioslhood,  and  a  form 
w^hich  has  not  been  so  altered.  The  Bull  shows  that  the 
Anglican  Ordinal  belongs  to  the  fu-st  class,  and  that  thus 
it  has  been  rendered  invalid,  whatever  might  be  said  of  its 
sufficiency  in  itself.  From  this  it  is  clear  what  the  Bull 
means  by  defective  form  and  intention,  and  that  it  does 
not  argue  in  a  circle. 


2 

A  PRIEST'S  SUPPORT 

TiTius  missionis  Rector  quum  tempore  perturbationis 
politic2e  pensionem  debitam  non  reciperet,  missionem 
cui  praefectus  erat  deseruit,  eo  quod  nemo  gratis  laborare 
tenetur,  licet  confessarius  renuerit  dicendo:  Innocentes 
eves  lupo  a  pastore  tradi  non  debere.  Tunc  episcopus 
quum  supervacaneam  dedisset  operam  ut  Titius  ad  mis- 
sionem rediret,  in  \artute  sanctse  obedientise  sacerdotem 
animarum  curam  non  habentem  fugientis  Rectoris  vices 
gerere  j ussit ;  sed  is  quoque  obedire  renuit .     Hinc  quaeitur : 

1.  Num  sacerdotes  seculares  habeant  jus  ad  sustenta- 
tionem  accipiendam? 

2.  An  residentiam  deserere  possit  curatus  ex  eo  quod 
pensionem  debitam  non  percipiat? 

3.  Qua^nam  sit  vis  juramenti  Apostolici  ab  Anglise 
presbyteris  communiter  emissi? 

4.  Quid  de  sacerdotibus  in  casu? 

Casus  fuit  propositus  in  dicpcesi  Nor  than  toniensi,  1901? 

Solution 

1.  Have  secular  priests  a  right  to  their  decent  support? 

Yes,  the  Church  forbids  any  one  to  be  promoted  to 
sacred  Orders  without  a  title,  i.e.,  a  provision  for  his  decent 
support.     If  a  bishop  culpably  ordains  a  priest  without 

234 


A  PRIEST'S  SUPPORT  235 

a  title,  the  bishop  is  bound  to  provide  for  his  support 
until  he  can  provide  for  himself. ^ 

2.  Can  one  who  has  the  cure  of  souls  al)andon  his  charge 
because  he  does  not  receive  tlie  ])ensi()n  whicli  is  due  to 
him? 

I  will  answer  in  the  words  of  Gasparri:  "  Recepto 
autem  presbyteratu  sacerdos  ita  dioecesi  ad  quam  per- 
tinet  incardinatur,  ut  discedere  nequeat  sine  licentia, 
seu  sine  litteris,  ut  aiunt,  excardinationis  sui  Episcopi. 
Episcopus  potest  discedendi  licentiam  denegare,  dummodo 
sacerdoti  congruam  assignet.  Quod  si  episcopus  et  licen- 
tiam deneget  et  congruam  nequeat  aut  nolit  assignare, 
sacerdos  non  ideo  potest  sua  voluntate  discedere,  sed 
recursum  habet  ad  Sacram  Congregationem.  Disceden- 
tem  sine  sua  vel  S.  C.  licentia  episcopus  revocare  potest 
etiam  per  censuras,  etiamsi  sacerdos  beneficium  residentiale 
in  alia  dioecesi  obtinuisset.  Hac  doctrina  certissima  est 
eamque  ssepius  tradidit  S.  C."     (De  Sac.  Ordin.,  n.  860). 

3.  What  is  the  force  of  the  Mission  oath  commonly 
taken  by  English  priests? 

By  the  terms  of  the  Mission  oath  the  cleric  swears  that 
he  will  not  enter  into  any  Religious  Order  after  he  is 
promoted  to  sacred  Orders  without  special  leave  of  the 
Holy  See.  He  fui-ther  swears  that  he  will  w^ork  for  the 
salvation  of  souls  in  the  diocese  for  which  he  is  ordained, 
under  the  authority  of  the  bishop.  The  formula  of  the 
oath  is  given  in  Concilia  Westmon.,  p.  385. 

4.  The  case.  Titius  should  not  have  abandonetl  his 
post.  He  should  have  applied  to  the  bishop  whose  duty 
it  was  to  try  to  make  provision  for  the  decent  support 
of  Titius,  and  if  this  could  not  be  done,  to  remove  him  to 

'  Gasparri,  De  Sacra  Ordin.,  n.  012. 


236  CASES  OF  CONSCIENCE 

another  post.  Even  if  the  bishop  improperly  refused 
to  do  anything  for  him,  Titius  should  not  have  left  the 
place,  but  should  have  appealed  to  Rome.  The  other 
priest  on  being  ordered  by  his  bishop  to  fill  the  vacancy 
was  bound  to  obey,  and  he  sinned  in  not  obeying;  but 
he  also  had  a  claim  on  the  diocese  for  his  decent  support 
if  he  had  no  other  title. 


EXTREME  UNCTION 


REPETITION  OF  EXTREME   UNCTION 

Caius  missionarius  tempore  Paschatis  invisit  vicum 
quemdam  ab  ecclesia  quinque  vel  sex  millia  passuum  dis- 
tantcm  ubi  degunt  aliqui  Catholici.  Ibi  occurrit  familia) 
Catholicae  antea  ignota^  cujus  membra  imnquam  vel 
ob  distantiam  vel  ob  negligentiam  ad  ecclesiam  veniunt. 
Materfamilias  quadraginta  fortasse  annorum  evidenter 
phthisi  laborat  quamvis  non  decumbit,  imo  ordinariis 
oecupationibus  vacat.  Qua;  quum  dicat  se  non  posse 
ob  occupationes  domesticas  ad  ecclesiam  venire,  earn  monet 
Caius  ut  proximo  mane  sit  domi  parata  ad  Paschalia 
sacramenta  recipienda;  cui  annuenti  ipse  mature  proximo 
die  poenitentiam,  communionem,  et  Extremam  Unctionem, 
successive  administrat.  Post  octo  menses  ad  oamdem 
mulierem  jam  niorientem  vocatur,  (luani  cum  invenit 
sensibus  destitutam  et  in  i])so  mortis  articulo,  sine  mora 
inungit  iterum  in  fronte  sub  forma  generali,  et  paulo  post 
mulier  expirat.     Unde  qua?ritur: 

1.  Quinam  sit  subjectum  Extrema?  Unctionis? 

2.  Num  Extrema  Unctio  repeti  in  eadem  infirmitate 
possit? 

3.  Quid  de  modo  agendi  Caii  in  omnilxis? 

237 


238  CASES  OF  CONSCIENCE 

SOLUTIOX 

1.  Who  is  the  subject  of  Extreme  Unction? 

To  receive  Extreme  Unction  validly  one  must  be  baptized, 
liave  attained  the  use  of  reason,  and  must  be  in  probable 
danger  of  death  from  sickness.^ 

2.  May  Extreme  Unction  be  repeated  during  the  same 
sickness? 

The  Ritual  lays  down  that  this  sacrament  ought  not  to 
be  repeated  in  the  same  sickness,  unless  it  is  prolonged, 
as  when  the  sick  man  has  got  better  and  he  is  again 
brought  into  the  danger  of  death.  Many  approved  authors 
hold  that  in  practice  it  may  be  repeated  after  a 
month's  interval  .^ 

3.  \Miat  about  the  actions  of  Caius? 

Caius  found  a  mother  of  a  family  who  never  came  to 
church,  partly  on  account  of  distance,  partly  on  account 
of  negligence.  She  was  now  far  advanced  in  consumption, 
but  still  attending  to  her  household  duties.  He  told  her 
to  prepare  herself  to  make  her  Easter  next  morning, 
and  then  came  again  to  the  house  and  administered 
Penance,  the  Eucharist,  and  Extreme  Unction.  There  is 
little  difficulty  about  the  administration  of  Penance. 
It  is  forbidden  to  take  Holy  Communion  out  of  the  Church 
except  to  the  sick.  The  woman  in  question  was  appar- 
ently sufficiently  ill  for  Easter  Communion  to  be  brought 
to  her.  Extreme  Unction  should  not  be  given  except 
to  the  sick  who  are  in  danger  of  death.  If  Caius  judged 
that  the  woman  was  probably  in  danger,  he  did  right  to 
administer   Extreme   Unction,   otherwise  he   did   wrong. 

'  Manual  of  Moral  Theology,  vol.  ii,   238. 
2  Ibid.,  238. 


REPETITION  OF  EXTREME  UNCTION  239 

Eight  months  at'tcrward  Cuius  was  called  to  the  same 
woman  and  found  her  dying  in  a  state  of  unconsciousness. 
He  anointed  her  on  tlie  foreliead  with  the  general  form, 
and  then  she  died.  Caius  sliould  first  of  all  have  given 
her  conditional  absolution,  for  Penance  should  always 
precede  Extreme  Unction,  as  this  sacrament  is  the  com- 
plement of  Penance.  He  did  right  after  such  an  interval 
to  repeat  Extreme  Unction,  for  although  the  sickness  was 
the  same,  still  without  doubt  there  had  been  a  change  in 
the  sick  person's  state. ^ 

1  Genicot,  vol.  ii,  n.  423. 


SHORT  FORM  FOR  EXTREME  UNCTION 

Sanctum  OfRcium  rogatum  iit  formam  brevem  deter- 
minaret  pro  extrema  unctione  in  necessitate  administranda, 
26  Aprilis  1906,  decrevit:  "  In  casu  vera?  necessitatis 
sufficere  formam:  Per  istam  sanctam  luietionem  indulgeat 
tibi  Dominus  quidquid  deliquisti.  Amen."  Post  quod 
decretum  quidam  docent  in  casibus  in  quibus  forma 
ista  adhibeatiir  jjostea  sub  conditione  si  tempus  permittat 
juxta  formam  ritualem  unctionem  esse  repetendam;  alii 
id  posse  fieri  nullam  vero  adesse  obligationem  idem  faciendi; 
alii  id  fieri  non  debere  sustinent.  Titius  vero  sacerdos 
qui  quum  nosocomio  publico  inserviat  non  raro  brevem 
formam  adhibeat  pcrplexus  inquirit  quid  a  se  sit  facien- 
dum.    Unde  quseritur: 

1.  Ante  dictum  decretum  editum  quid  de  forma  essen- 
tiali  extremse  unctionis  docuerint  theologi? 

2.  Quid  et  quacum  certitudine  idem  decretum  deter- 
minaverit? 

3.  Quid  ad  casum? 

Solution 

Before  the  decree  of  the  Holy  Office,  26  April,  1906, 
what  did  theologians  teach  about  the  essential  form  of 
Extreme  Unction? 

The  ritual  form  of  Extreme  Unction  is:  "  Per  istam 
sanctam    unctionem    et    suam    piissimam    misericordiam 

240 


SHORT  FORM   FOR  EXTREME   UNCTION  241 

iiidulgcat  til)i  Dominus  (luidciuid  per  visum,  etc.,  deli- 
(|iiisti.  Amen."  TJieologians  taught  that  in  this  form 
tlic  words  ct  suam  piissimam  misericordiam,  sanctam 
Amen,  did  not  belong-  to  its  essence.  They  did  not  agree 
as  to  whotlier  the  nicnlioii  of  Ihc  senses  in  special  or  at 
least  general  terms  belonged  to  its  essence.  They  differed 
also  as  to  whether  a  single  anointing  was  sufficient  or  not 
for  the  validity  of  the  sacrament.  Hence  they  taught 
that  in  a  case  of  necessity  Extreme  Unction  might  be  given 
conditionally  with  one  form  such  as:  Indulgeat  tihi  Deus 
quidquid  per  sensiis  deliquisti.  Others  required  all  the 
senses  to  be  expressed  in  the  single  form.  If  the  sick  man 
survived,  St.  Alphonsus  teaches  that  the  anointing  of 
each  sense  and  the  prayers  were  to  be  supplied.' 

2.  AMiat  did  the  decree  determine  and  with  what 
certainty? 

The  Holy  Office  was  asked  to  determine  a  single  short 
form  for  the  administration  of  Extreme  Unction  to  be 
used  in  case  of  death  being  imminent.  It  decided  that  the 
following  form  would  be  sufficient:  "  In  casu  verse  neces- 
sitatis sufficere  formam:  Per  istam  sanctam  unctionem 
indulgeat  tibi  Dominus  quid(|uid  deliquisti.  Amen." 
This  decree  was  confirmed  next  day  by  Pius  X.  Hence 
it  determines  authentically  but  not  infallibly  that  in  case 
of  necessity  it  is  not  necessary  to  mention  the  different 
senses  nor  even  one,  and  that  one  anointing  under  this 
general  form  is  sufficient  for  the  validity  of  the  sacrament. 

3.  The  case.  This  decree  tells  us  what  is  sufficient 
for  the  validity  of  Extreme  Unction  in  casu  veroe  neces- 
sitatis, when  there  is  not  time  to  jK'rform  the  full  rite 
according  to  the  Ritual.     If  the  sick  })orson  thus  anointed 

*  St.  Alphonsus,  Thcol.  Moral.,  lib.  vi,  ii.  710. 


242  CASES  OF  CONSCIENCE 

Burvives,  and  there  is  time  to  go  through  the  Ritual  form 
and  prayers,  then  the  case  is  one  not  contemplated  in  the 
decree.  We  think,  then,  that  the  first  opinion  mentioned 
is  to  be  followed  in  practice,  and  that  if  time  allows  and  the 
state  of  the  sick  person  permits  it,  the  sacrament  should 
be  given  according  to  the  form  prescribed  by  the  Ritual 
after  this  short  form  has  been  used.  This  is  the  opinion 
of  the  Redactor  of  the  Acta  Sanctae  Sedis  when  the  decree 
was  issued.  He  says:  "  Sed  cessante  periculo  praesertim 
si  aegrotus  alia  sacramenta  secure  suscipere  non  potuit, 
sub  conditione  repetendse  sunt  singulae  unctiones  in 
singulis  sensibus,  sub  suis  particularibus  formis,  atque 
addendae  simul  sunt  omnes  orationes  omissse.  Quae 
norma  apprime  congruit  prsescriptionibus  Ritualis  Romani, 
et  quatenus  melior  fiat  dispositio  suscipientis  sacramentum, 
ad  majus  gratiae  augmentum  obtinendum  concurrit." 
(A.  S.  S.,  XXXIX,  275.) 


MATRIMONY 


INFORMAL    lii:TROTHAL 

TiTius  missionarius  saccrdos  vult  scire  utruni  x'l  dccrcti 
Ne  temere  S.  C.  C,  Aug.  2,  1907,  promissio  matrimonii 
mutua,  scria,  et  deliberata,  inter  habiles,  non  tamen  in 
scriptis,  sit  nullius  momenti,  an  potius  iionobstante 
decreto  vim  contractus  privati  sub  gravi  in  conscientia 
obligatorii  habeat.  Pra3terea  rogat  utrum  sub  parochi 
nomine  in  citato  decreto  comprehendantur  non  solum 
sacerdotes  principales  in  ali(iua  missione  sed  ct  eorum 
coadjutores  si  qui  habeantur.     Unde  quseritur: 

1.  Quinam  sit  scopus  decreti  Ne  temere? 

2.  Quid  statuat  istud  decretum  circa  sponsalia? 

3.  Qualem  potestatem  habeant  missionarii  in  Anglia 
coadjutores? 

4.  Quid  dc  difficultatil)us  Titii? 

Solution 

1.  What  is  the  scope  of  the  decree  Ne  temere? 

The  scope  of  this  decree  was  to  alter  the  law  about 
clandestinity  so  as  to  remove  its  uncertainties  as  far  as 
possible,  and  to  prevent  the  e\'ils  which  fretjuently  arise 
from  private  and  informal  betrothals.  (Prooemio  decreti 
Ne  temere.) 

243 


244  CASES  OF  CONSCIENCE 

2.  What  does  the  decree  lay  down  about  betrothal? 

"  Only  those  betrothals  are  considered  valid  and  pro- 
duce canonical  effects  whicli  have  been  contracted  in 
writing  signed  by  both  the  parties  and  by  either  the  parish 
priest  or  the  ordinary  of  the  place  or  at  least  by  two  wit- 
nesses. In  case  one  or  both  the  parties  be  unable  to  write, 
this  fact  is  to  be  noted  in  the  document  and  another  wit- 
ness is  to  be  added  who  will  sign  the  writing  as  alcove, 
with  the  parish  priest  or  the  ordinary  of  the  place  or  the 
two  witnesses"  (Sect.  1). 

3.  Wliat  authority  have  coadjutor  missioners  in  England? 
They  are  delegated  by  the  bishop  to  exercise  the  cure 

of  souls,  but  according  to  the  Provincial  Councils  and  the 
declared  intention  of  the  bishops,  they  must  exercise 
it  in  dependence  on  the  head  priest.^ 

4.  What  about  the  difficulties  of  Titius? 

One  of  the  objects  of  the  new  law  was  to  prevent  the 
inconveniences  arising  from  mutual  promises  of  marriage 
privately  entered  upon.  For  as  the  decree  says:  "  Experi- 
ence shows  that  they  are  an  incitement  to  sin,  causing 
the  deception  of  inexperienced  girls,  and  afterward 
giving  rise  to  inextricable  dissensions  and  disputes." 
The  first  section  of  Ne  temere,  therefore,  provides  that 
"  only  those,"  etc.,  as  above.  This  section  would  be 
valueless  for  the  object  in  view  unless  it  invalidated 
betrothals  made  otherwise  than  is  laid  down.  So  that 
we  must  conclude  that  betrothal  not  made  according  to  the 
decree  has  no  binding  force  directly  and  of  itself.  The 
S.  C.  super  neg.  eccles.  extraord.,  5  Nov.  1902,  decided 
that  informal  betrothals  were  invalid  in  conscience  and 
in  law  in  Spain  and  in  Latin  America,  where  a  similar  law 

1  Manual  of  Moral  Theology,  vol.  i,  630. 


INFORMAL  BETROTHAL  245 

to  Ne  temerc  has  long  been  in  force.  Tliis  doctrine  is 
maintained  by  most  (•onmicntators,  e.(j.,  by  Gennari, 
Ojetti,  Vermeersch,  Ferreres,  Besson. 

The  term  parisli  priest  comprises  the  coadjutors  as  well 
as  the  head  priest,  l)ut  the  former  are  l)idden  to  exercise 
their  authority  in  dependence  on  the  head  priest;  cum 
dependentia  a  Redore. 


AN  ACTION  FOR  BREACH  OF  PROMISE 

TiTius  familise  divitis  filius  matrimonium  serio  sed 
verbis  ct  litteris  amatoriis  tantum  Catharinse  honestse 
puellae  promisit.  Per  duos  annos  Catharina  eum  admisit 
ad  familiaritatem  inter  sponsos  consuetam,  quum  ejus 
amor  refrigescere  inciperet  ac  post  aliquot  menses  matri- 
monium cum  Bertha  multo  Catharina  ditiore  contraxit. 
Catharina  rehcta  vix  spem  aut  desiderium  alterius  sponsi 
habet  at  confessarium  rogat  utrum  tuto  in  conscientia 
actionem  contra  Titium  de  promissione  fracta  intentare 
valeat  quum  non  ahter  habeat  unde  honeste  sustentetur. 
Unde  qua^ritur: 

1.  Quid  requiratur  ut  sponsaHa  sint  vahda? 

2.  Num  ex  sponsalibus  informibus  ulla  obligatio  oriatur? 

3.  Siquod  jus  ex  sponsaHbus  informibus  oriatur  num 
illud  prosequi  in  curia  civih  Hceat? 

4.  Quid  ad  casum? 

Solution 

1.  What  is  required  for  vahd  betrothal? 

The  decree  Ne  temere  lays  down  that:  "  Only  those  are 
considered  valid  and  produce  canonical  effects  which  have 
been  contracted  in  writing  signed  by  both  the  parties  and 
by  either  the  parish  priest  or  the  ordinary  of  the  place, 
or  at  least  by  two  witnesses." 

246 


AN  ACTIOS  OF  BREACH  OF  PROMISE  247 

The  second  (lucstion  was  answered  al)Ove,  p.  214. 

But  here  it  must  be  l)orne  in  mind  that  although  no 
obligation  arises  directly  from  informal  betrothal  in  itself, 
yet  obligations  do  arise  indirectly  from  such  betrothal 
wlien  tliey  are  tlu*  cause  of  serious  injury  to  another. 
There  is  always  an  obligation  in  justice  to  make  repara- 
tion for  wilfuj  and  culpable  injustice  done  to  another. 

3.  If  any  right  arises  from  informal  betrothal  may  an 
action  be  brought  in  the  civil  courts? 

Per  sc  questions  about  marriage  and  betrothal  belong  to 
the  ecclesiastical  courts.  But  in  countries  like  England 
and  the  T'nited  States  where  no  legal  force  is  recognized 
in  ecclesiastical  sentences  of  tlie  Catholic  Chiu'ch,  certain 
cases  may  be  brought  into  the  civil  courts  which  would 
otherwise  have  to  be  tried  in  the  ecclesiastical  courts.^ 
In  cases  especially  where  the  injury  is  not  doubtful,  and 
the  only  practical  (lucstion  is  one  oi  damages  claimed  f(jr 
the  injury,  there  seems  no  objection  against  appljang  to 
the  civil  courts. 

4.  Tlie  case.  Catherine  has  a  right  to  damages  for  the 
cruel  decei)tion  that  was  practised  on  her,  and  for  the 
ruin  of  lier  prospects,  although  the  betrothal  was  not 
valid  in  itself.  English  law  gives  her  a  right  of  action  in 
such,  a  case,  and  the  Church  certainh'  does  not  wish  to 
deprive  her  of  it.  Her  confessor,  therefore,  may  tell  her 
that  slie  is  perfectly  justified  in  suing  Titius  for  damages 
for  breach  of  promise  in  the  civil  court. 

1  Manual  of  Moral  TheoloRV,  vol.  ii,  282. 


A  PROMISE  COXFIRxMED  BY  OATH 

TiTius  Catliolic'us  familiaritatem  cum  Titia  pariter 
Catholica  contraxit.  Quodam  die  tentatione  victus  Titius 
inducere  Titiam  atl  pcccandum  secum  voluit.  Resis- 
tenti  Titise  promisit  etiam  sub  juramcnto  se  postea  earn 
in  uxorem  ducturum,  quibus  auditis  Titia  in  fornicationem 
consensit.  Post  aliquot  menses  pra?gnans  effecta  Titia 
impletionem  promissionis  juratse  urgere  inca^pit;  quum 
vero  Titius  nunc  melius  ejus  dispositionem  cognoseat  nee 
propter  ejus  asperitatem  spem  ullam  de  \dta  maritali 
cum  ea  felici  habeat,  quum  etiam  amor  suus  refrixisset, 
quserit  a  confessario  utrum  promissioni  juratse  stare 
teneatur.     Unde  quseritur: 

1.  Num  obligent  sponsalia  jurata  quamvis  non  scripta? 

2.  Ad  quid  et  quomodo  sponsalia  obligent? 

3.  Quomodo  sponsalia  dissolvantur? 

4.  Quid  ad  casum? 

Solution 

1.  Does  a  sworn  promise  to  marry  bind  when  it  is  not 
in  writing? 

An  un-wTitten  promise  to  marry  is  made  null  and  void 
by  the  decree  Ne  temere,  and  what  is  invalid  can  not  be 
made  valid  and  obligatory  by  adding  an  oath — accessorium 
Sequitur  principale. 

248 


A   PROMISE  COM- Hi  mi:  I)   HY  OATH  24!) 

2.  To  what  aiul  how  docs  iK'Uolhul  hind? 

Vahd  hotrothal  hhids  tlic  parties  by  a  serious  obhsation 
of  justice  to  fulfil  the  contract  at  the  time  fixed,  or  if 
no  time  was  fixed,  then  at  a  reasonable  time.^ 

3    Plow  is  betrothal  dissolved? 

Betrothal  may  l)e  dissolved  l)y  mutual  agreement  of 
the  betrothed,  b}-  the  happening  or  detecting  of  a  circum- 
stance of  importance  by  one  of  tlie  ])arties  whicli  would 
have  prevented  him  from  making  the  engagement  if  it 
had  happened  or  been  known  before,  by  embracing  a 
more  perfect  state  of  life,  by  a  dispensation  of  the  Pope 
for  good  reason. 2 

4.  The  case.  Neither  the  promise  made  by  Titius  nor 
the  oath  wliich  he  took  are  valid  or  obligatory  in  themselves. 
It  was  a  lurpis  contractus,  and  moreover  it  was  not  in 
writing,  and  so  it  was  invalid  by  the  decree  Ne  temere. 
The  oath  as  being  accessory  was  also  invalid.  However, 
Titius  by  an  invalid  promise  lias  induced  Titia,  who 
otherwise  was  unwilling,  to  conunit  sin  with  him,  and 
she  is  now  pregnant.  She  ^^^ll  be  injured  for  life  unless 
he  marries  her.  He  will  be  justified  in  offering  her  money 
and  trying  by  other  means  to  induce  her  to  free  him  from 
his  obligation  to  prevent  harm  following  to  her  from  his 
action.  But  if  nothing  but  marriage  will  satisfy  her  and 
safeguard  her  reputation,  Titius  will  be  bountl  to  marry 
liei\  unless  indeed  incompatibility  of  temper  makes  a 
lui])p>'  marriage  utterly  hopeless.-^ 

'  Manual  of  Moral  Theology,  vol.  ii,  256. 

2  Ibid.,  2G0. 

*  Bucceroni   vol.  ii,  n.  9'2(). 


DEBTS  OF  BETROTHED 

TiTiA  vidua  qiiJE  promiserat  se  Paulo  nupturam  ad 
eonfessariuni  accessit  eumque  rogavit  utrum  manifestare 
sponso  teneatur  se  debitis  ad  ducentas  libras  sterlinas 
esse  oneratam  nee  habere  unde  solvat,  timebat  enim  ne 
Paulus  quum  de  debitis  autliret  a  s]X)nsalibus  resiliret. 
Unde  quaeritur: 

1.  Quaenam  ex  sponsalibus  oriantur  inter  sponsos 
obligatione.s? 

2.  Num  sponsa  sponso  defectus  manifestare  teneatur? 

3.  Qusenam  ex  lege  Anglica  sint  (juoad  del)ita  uxoris 
obligationes  mariti? 

4.  (^uid  ad  casuni-? 

Solution 

1.  ^Yhixt  obligations  between  the  laetrothed  arise  from 
betrothal? 

They  are  bound  in  justice  to  keep  their  engagement 
and  to  marry  at  the  time  agreed  on,  or  within  a  reasonable 
time;  tliey  are  bound  to  live  chastely;  one  party  may 
not  go  and  live  at  a  distance  so  that  intercourse  becomes 
imjjossible  witliout  the  knowledge  and  consent  of  the 
other.' 

1  Manual  of  Moral  Theology,  vol.  ii,  256  ff. 
250 


DEBTS  OF  iii:'i'ii'(i'riii:i)  251 

2.  Is  one  who  is  botrotliod  bound  to  inuko  known  to 
the  other  party  any  defect  he  lias? 

li"  one  party  labors  under  ii  secret  defect  which  will  be 
injurious  to  the  othci-  i)arty  after  marriage,  such  secret 
defect  should  be  made  known  to  the  other  ixirty.  Other- 
wise, there  will  be  no  obligation  to  make  it  known,  even 
though  it  would  give  the  other  \rAr\y  a  jiuht  to  break  off 
the  engagement  if  he  should  discover  it.^ 

3.  Is  the  husband  liable  I'or  the  debts  of  his  wife? 

A  husband  is  liable  tor  debts  contracted  by  his  wife 
as  his  agent  for  the  supply  of  necessaries  for  herself  and 
children;  he  is  also  liable  for  her  torts  committed  during 
the  covertiu'e.  At  common  law  a  husband  was  also 
liable  u])on  his  wife's  contracts  made  before  marriage, 
but  by  the  Married  Women's  Property  Act,  1882,  the  hus- 
band "  sued  jointly  with  his  wife  in  respect  of  a  cause  of 
action  arising  against  her  before  the  marriage,  is  liable 
only  to  the  extent  of  such  assets  as  he  received  oi'  might 
(but  for  his  own  default)  have  received  wdth  her;  and  if 
he  received  none,  then  he  will  have  his  costs  of  defence, 
and  the  judgment  foi-  the  debt  or  damages  will  be  separate 
against  the  wife,  and  may  be  satisfied  out  of  the  wife's 
separate  estate,  if  she  has  any."  ^    _ 

4.  The  case.  If  the  husband  were  liable  for  his  wife's 
ante-nuptial  debts,  Titia  should  make  known  her  indebt- 
edness to  Paul  before  the  marriage,  otherwise  he  will  suffer 
serious  injury  and  probable  estrangement  from  her.  I^ven 
as  English  law  stands  at  present  it  will  be  advisable  for 
Titia  to  tell  her  future  husband  what  he  will  be  pretty  sure 
to  find  out  for  himself  either  before^  or  after  marriage.     As 

»  Mamuil  of  Moral  Tlicology,  vol.  ii,  2G2. 
^  Stephen's  Commentaries,  vol.  ii,  ;^77. 


252  CASES  OF  CONSCIENCE 

in  the  circumstances  Paul  would  not  be  held  liable  for 
Titia's  debt  of  £200,  there  is  the  less  reason  why  he  should 
not  be  told,  although  she  is  under  no  strict  obligation  to 
tell  him. 


MATERXIT^'    I.MPOSSIBLE 

Patricius  semel  et  itcjuni  pctiit  a  Birgitta  ut  sibi 
imbere  vellet;  Birgitta  licet  intciiiis  minimc  invita  nun- 
quam  quidem  directum  dedit  rcsponsum,  ita  vero  se 
gessit  ut  vulgo  liaberetur  pro  desponsata.  Accidit  autem 
ut  Birgitta  graviter  aegra  cogcrctur  petere  nosoconiiuni, 
ubi  suadentibus  medicis  subiil  operatioiiem  ncscio  fiuaiii 
chirurgicam  undc  mox  convaluit.  Exeunti  ex  nosocomio 
obviam  fit  Patricius  (jui  narrat  sua  ncgotia  feliciter  suc- 
cessisse  nee  jam  opus  esse  ut  nuptiaD  amplius  differantur 
modo  velit  Birgitta  diem  assigiiare  Simul  traditur 
Birgitta)  epistola  a  iiosocomii  moderatrice  jussu  medi- 
corum  conscripta  ubi  ha?c  habentur:  "  Animo  retinere 
debes,  carissima,  post  istam  o])orationem  impossibile  esse 
ut  unquam  mater  fias."  I^irgitta  prudenter  se  excusat 
quin  statimrespoiisuni  (let  Patricio  et  coiisulit  confessariuiii 
de  tota  re.     Quseritur: 

1.  Quid  sint  sponsalia  et  num  credendum  sit  extitisse 
vera  sponsalia  inter  Patricium  et  Birgittam? 

2.  Num  supponendo  Birgittam  subiisse  ovariotomiam 
perfectam  ipsa  effecta  sit  incapax  matrimonii? 

3.  Num  saltem  Birgitta  teneatur  monere  Patricium  de 
lectis  in  epistola? 

4.  Quid  ad  casum? 


253 


254  CASES  OF  CONSCIENCE 

Solution 

1.  AVhat  is  l)ctrothal,  and  were  Patrick  and  Bridget 
betrothed? 

Betrothal  is  a  mutual  and  lawful  promise  of  future 
marriage  between  persons  who  may  marry  lawfully.  As 
there  was  no  written  agreement  between  Patrick  and 
Bridget  there  could  be  no  question  about  their  betrothal 
if  all  tliat  ])ass('d  happened  after  April  19,  1908.  Before 
that  date  it  would  have  been  doubtful  whether  there  was  a 
true  engagement  between  them.^ 

2.  Was  Bridget  made  incapable  of  marrying  on  the 
supposition  that  she  had  undergone  complete  ovariot- 
omy? 

The  question  is  disputed  among  experts  and  at  present 
no  certain  an-  wer  can  be  given  to  it.  When  a  case  arises, 
it  should  be  referred  to  the  bishop,  who  will  consult  the 
Holy  See  if  he  can  not  decide  it  himself. 

3.  Is  Bridget  at  any  rate  bound  to  tell  Patrick  about 
her  conchtion? 

She  certainly  must  not  attempt  to  marry  him  without 
letting  him  know  what  the  doctors  have  told  her.  The 
possibility  of  having  children  is  the  primary  end  of  marriage, 
and  if  it  has  been  made  impossible  by  a  surgical  operation, 
the  future  husband  has  a  right  to  know  the  fact,  even  on 
the  supposition  that  valid  marriage  is  still  possible.^ 

4.  The  case.  Whether  the  events  narrated  in  the  case 
took  place  before  or  after  Easter,  1908,  the  confessor 
should  tell  his  penitent  that  she  should  not  marry  before 
hearing  from  the  bishop,  to  whom  the  case  should,  be  sent. 

1  Manual  of  Moral  Theology,  vol.  ii,  251 

2  Ibid.,  ii,  294. 


MATERMTY   IMmssi/iLK  2n') 


)0 


The  precise  nature  and  effecl  of  the  operation  should  I 
learned  if  possible  from  the  sur<reons  who  pcrfoj-nied  it, 
and  tlic  details  should  he  scut  1o  ihc  l.ishoj),  who  in  ease 
of  doubt  will  send  tlieni  to  tlie  Holy  See,  so  that  a  j^i-aetieal 
decision  in  the  case  mav  be  arrived  at. 


6 

PAREXTS   AGAINST   MARRIAGE 

Caifs  juvcnis  Catholiciis  familise  honestse  et  mediocriter 
ciivitis,  rccenter  locum  directoris  tabulse  argentariae  obti- 
nuerat  {bank  ma7iager).  In  oppido  ubi  degebat  familiari- 
tatom  contraxit  cum  Titia,  puella  Catholica  et  honestse 
(luidom  conditionis  sed  valde  paupere.  Caius  et  Titia 
l)revi  matrimonium  ,sil)i  mutuo  in  scriptis  promi.serunt. 
Quod  quum  Caii  superiore.s  audirent  sibi  rem  valde  dis- 
plicere  indicaverunt  Caii  parentibus,  quia  directorem 
tali  loco  matrimonio  prsesertim  tali  conjimgi  noluerunt. 
Parentes  ne  loco  dimitteretur  filius  eum  prohibuerunt 
quominus  matrimonium  cum  Titia  iniret.  Caius  igitur 
litteris  ad  Titiam  missis  licentiam  resiliendi  petiit,  respon- 
sum  vero  sat  acerbum  ab  ejus  matre  accepit  Titiam  lac- 
rimis  continuis  tabescej-e,  ej usque  confessarium  dicere 
Caium  sub  gravi  cito  ad  promissionem  implendam  teneri. 
Caius  responso  accepto  ad  suum  confessarium  accessit, 
qui  rogat : 

1.  Quid  sint  sponsalia,  quodnam  jus  ])ariant,  quandonam 
implenda  sint? 

2.  Num  filiifamilias  consulere  parentes  de  matrimonio 
ineundo  teneantur? 

3.  Num  ])ra^ce|3to  ])arentum  ut  sj^onsalia  abrumpantur 
sit  obtemperandum? 

4.  Quid  ad  casum? 

256 


PARENTS  AGAINST   MAURI  ACE  257 

ROH'TIOX 

1.  What  is  lu'trotlial,  wliat  ri<i;]it  docs  il  pvc,  ulicn  is 
it  to  I)c  fulfilhvl? 

I^ctrothal  is  a  intilual  and  Icuitiinatc  jti-oiiiisc  of  future 
marriage  between  persons  who  may  niairv  lawfuUy. 
As  it  is  a  contract  in  a  serious  matter,  an  engagement  io 
marry  gives  a  right  injustice  to  have  tlic  contract  executed. 
If  the  time  for  execution  was  fixed,  the  aj)])ointcd  time 
must  be  kept;  otherwise  the  marriage  must  take  place 
within  a  reasonable  tinie.^ 

2.  Arc  chihh'en  bound  to  consult  their  parents  with 
regard  to  marriage? 

Yes,  certainly.  The  marriage  of  a  child  is  a  very 
important  family  affair  on  which  depends  not  only  the 
happiness  of  the  parties  immediately  concerned,  but 
to  some  extent  the  happiness  and  welfare  of  the  whole 
family.  Th(>  ])arents  have  a  riglit  to  be  consulted  about 
so  important  a  family  affair.- 

3.  Arc  children  bound  to  obey  tluMr  })arents  when  they 
bid  them  break  off  an  engagement? 

Children  are  bound  to  break  off  an  engagement  at  the 
bidding  of  their  parents  if  the  parents  have  good  ground 
for  their  action.  The  parents  will  have  good  ground 
when  the  match  is  not  desirable  on  account  of  the  character 
of  the  other  party,  and  even  on  account  of  inferiority  in 
rank  if  this  will  l)e  \\\v  caus(>  of  grave  family  dissensions 
and  troubles.  Othci'wise  children  are  not  IjouiuI  to  obcv 
their  parents  and  break  off  an  engagement  to  which  there 
is  no  valid  object  ion.  3 

'  Manual  of  Moral  Theology,  vol.  ii,  251  ff .     -  Ibid.,  257.     ^  Jbid.,  257. 


258  CASES  OF   CONSCIENCE 

4.  The  case.  If  it  would  cost  Caius  a  great  deal,  and 
seriously  interfere  with  his  happiness  to  give  up  his 
betrothed,  he  would  not  be  bound  to  obey  his  parents. 
He  might  with  a  safe  conscience  elect  to  be  faithful  to  his 
engagement,  and  abide  l)y  the  consequences.  However, 
the  question  in  the  case  is  rather  whether  he  is  bound  to 
do  this,  or  whether  he  may  break  off  the  engagement 
on  account  of  the  oi)position  of  his  parents  and  his  em- 
ployers. He  may  break  it  off  with  a  safe  conscience.  The 
opposition  of  his  parents  to  the  match  is  not  unreasonable, 
and  he  may  be  guided  in  the  matter  by  their  wishes  if  he 
likes.  Caius,  then,  is  at  liberty  to  decide  for  himself 
whether  he  will  keep  to  liis  engagement  or  break  it  ofT. 


BANNS 

Post  oanna  proclamata  in  (luaclam  ccclcsia  Paulus 
medicus  ad  joarochum  adiit  ciii  manifestabat  se  ccrto 
utpote  medicum  familiar  scire  sponsuni  Nvphili  ac  morbo 
plithisiaco  laborarc  noc  proindc  matrimonium  inire  debere. 
Parochus  autem  diibitabat  iitrum  propterca  matrimonium 
interdicerc  necnc  dcborot      Undo  (nuwitur: 

J .  C^ualcm  obligationcm  imponant  baima  iis  (jiii  obsta- 
culum  sciant  matrimonii? 

2.  Quid  sit  sccretum  commissum  et  quandonam  obligare 
desinat? 

3.  Quid  sit  Ecclesia?  vetitum? 

4.  (^uid  do  medico  et  paroclio  in  casu? 

Solution 

1.  What  obligation  do  1)anns  impose  on  those  who 
know  of  an  impediment  to  a  proposed  marriage? 

Banns  impose  a  grave  precept  to  make  known  to  the 
parish  priest  any  secret  impediment  to  a  marriage  that 
any  one  may  know  of.  This  ])reccpt  binds  not  only  in 
cases  of  a  natural  secret,  but  also  in  cases  of  a  promised 
secret,  but  not  of  a  professional  secret  except  when  this 
ceases  to  bind.i 

1  Manual  of  Moral  Theology,  vol.  ii,  265. 
259 


260  CASES  OF  CONSCIENCE 

2.  What  is  a  professional  secret  and  when  does  it  cease 
to  bind? 

Professional  secrets  are  those  which  are  communicated 
to  another  und(>r  an  exj)ress  or  implied  obligation  of 
secrecy.  Such  secrets  should  be  made  known  if  this  is 
necessary  to  avert  a  public  calamity.  They  may  also 
be  made  known  to  avert  serious  harm  which  would  be 
done  to  an  innocent  party  by  him  whose  secret  is  in  ques- 
tion unless  the  secret  were  made  known. ^ 

3.  WTiat  is  the  prohibition  of  the  Church? 

The  prohibition  of  the  Church  is  one  of  the  prohibitory 
impediments  of  marriage,  which  prevent  a  marriage 
being  lawfully  contracted  but  do  not  make  it  null  and  void 
if  it  is  contracted  in  spite  of  the  prohibition.  It  is  par- 
ticular if  a  particular  marriage  for  just  cause  is  forbidden 
by  the  parish  priest,  the  bishop,  or  the  Pope.  It  is  gen- 
eral if  it  constitutes  a  law  of  the  Church.^ 

4.  What  about  the  doctor  and  the  parish  priest  in  the 
case? 

The  doctor  was  under  the  obligation  of  professional 
secrecy  with  regard  to  the  diseases  of  the  bridegroom.  It 
would  have  been  better  if  in  the  first  instance  he  had  tried 
to  induce  the  bridegroom  to  put  off  the  marriage  until 
the  syphilis  at  least  was  cured.  If  the  bridegroom  refused 
to  put  off  the  marriage  and  refused  to  acquaint  the  bride 
or  her  father  with  his  state  of  health,  the  doctor  would 
be  at  liberty  to  tell  the  secret  to  any  one  who  could  apply 
a  remedy.  He  would  be  justified  in  telHng  the  parish 
priest  if  he  thought  that  the  parish  priest  could  do  this. 
The  priest  should  try  his  best  to  induce  the  bridegroom 

1  Manual  of  Moral  Theology,  vol.  i,  471  ff. 

2  Ibid.,  vol.  ii,  288. 


BANNS  261 

to  put  off  the  marriage,  and  if  he  does  not  succeed  he  will 
be  at  liberty  to  communicate  what  lu;  knows  to  the  bride's 
family.  The  priest  can  not  refuse  to  assist  at  the  majriage 
especially  if  the  bride  knows  of  the  objection  to  it,  and 
nevertheless  consents  to  be  married.  But  they  should 
not  use  their  mai'ital  rights  till  the  syi^hilis  at  least  is 
cured.  ^ 

'  Antonelli,  Medicina  Pastoralis,  vol.  ii,  416  ff. 


AN  UNHAPPY   MARRIAGE 

Anna  Anglicana  rogabat  Titium  sacerdotem  ut  ipsam 
in  Ecclesiam  admitteret.  Quam  dum  instruebat  Titius 
detexit  earn  esse  valde  infelicem  ob  frequentia  adulteria 
et  crudelitatem  mariti  qui  saepe  aperte  earn  monet  de 
divortio  procurando  si  ipsi  placeat,  se  enim  fore  contentum 
quippe  qui  matrimonium  non  iniisset  iiisi  esset  solubile 
quod  etiam  ante  matrimonium  eum  dixisse  Anna  recor- 
datur.  Judicat  Titius  magis  profuturum  tum  animae 
tum  corpori  Annse  et  duorum  liberorum  si  divortium 
obtinere  posset,  imo  dubitat  utrum  licite  vitam  maritalem 
Anna  degat  ob  dubiam  matrimonii  validitatem.  Unde 
quseritur: 

1.  Num  petere  divortium  in  curia  civili  liceat? 

2.  Num  et  quando  matrimonium  ob  conditionem 
annexam  invalidum  reddi  possit? 

3.  Quid  ad  casum? 

Solution 

1.  Is  it  allowed  to  petition  in  the  civil  court  for 
divorce? 

If  the  bishop  judge  that  there  is  a  good  reason  for  asking 
for  a  judicial  separation  in  the  civil  coiu-t  this  may  be  done 
in  England  and  in  the  United  States.  If  the  ecclesiastical 
court  has  previously  decided  that  a  marriage  was  null  and 

262 


.l.V    IMlAl'l'Y  MARRIAGE  263 

void,  the  case  may  be  taken  into  the  civil  court  to  obtain 
a  declaration  of  nullity  in  that  court  also.  If  the  marriage 
was  and  remains  valid  no  one  can  ask  for  a  divorce  with 
the  intention  of  niaj-i-ying  again  durinu  I  he  lifetime  of 
the  iii-st  spouse.  It  is  jwobable  that  in  iMiglantl  and  in  the 
United  States  a  Catholic  may  petition  in  the  civil  court 
for  a  divorce  with  the  intention  of  obtaining  the  civil 
effects  of  divorce,  not  of  niairying  again. ^ 

2.  May  a  marriage  be  invalid  on  account  of  an  annexed 
condition,  and  when? 

If  an  express  condition  against  the  essence  of  marriage 
be  added  to  the  contract  the  marriage  is  null  and  void 
for  want  of  consent.  For  tlie  same  reason  if  one  of  the 
parties  only  marri(>s  under  a  tacit  condition  which  is 
against  the  essence  of  marriage,  it  will  also  be  null  and 
void.- 

3.  The  case.  Ami's  Anglican  husband  said  hciorQ  and 
after  marriage  that  he  would  not  have  married  unless  he 
knew  that  marriage  could  be  dissolved.  The  marriage, 
as  we  must  suppose,  was  contracted  in  the  ordinary  way, 
nothing  being  said  in  the  act  of  marriage  about  these 
dispositions  of  the  husband.  In  tlie  external  forum  at 
least  the  marriage  must  be  pronounced  valid  according 
to  the  rule  laid  down  by  Pius  M:  "Si  vero  nulla  fuit 
apposita  expressa  ejusmodi  conditio  repugnans  sub- 
stantia' matrimonii,  licet  contraheiites  .u'eiieratini  inteiidant 
contrahere  juxta  placita  secta)  aut  legis  concedentis 
dissolutionem  vinculi  con.jugalis,  nihilominus  matrimo- 
nium  valide  contractual  censendum  erit  "  (Litt.  ad  Archiep. 
Prag.  lIJul.  1789). 

■     1  Manual  of  Moral  Theology,  vol.  ii,  281  fiF. 
2  Ibid.,  271  f. 


2G4  CASES  OF  CONSCIENCE 

The  same  solution  must  be  given  even  for  the  internal 
forum  unless  it  is  certain  that  at  the  time  of  contracting 
it  the  husband  had  no  intention  of  contracting  absolutely 
and  lor  life' 

The  only  remedy  therefore  available  for  Ann  would  be  to 
petition  for  judicial  separation,  or,  if  there  is  any  special 
reason  for  it,  for  a  divorce,  with  the  intention  only  of 
benefiting  by  its  ci\dl  effects;  but  such  remedies  as  a  rule 
are  rather  to  be  tolerated  than  suggested  by  a  confessor 
or  parish  priest. 

^  Genicot,  vol.  ii,  459. 


A    DRUNKEN    HUSBAND 

TiTius  ct  Titia,  Catliolici  conjuges,  per  duos  annos 
vitam  sat  prosperam  degebant.  Titius  vero  tunc  socios 
pravos  colere  et  ebrietati  indulgere  incepit.  Pecuniam 
non  tantum  propriam  sed  uxori  minis  ac  verberibus  extor- 
tam  ebrietate  dissipabat.  Patienter  mala  ad  aliquot 
menses  Titia  tolerabat,  postea  vero  ne  miseriis  obrueretur 
ipsa  cum  prole  clam  aufugit,  et  in  alia  regione  victum 
sibi  et  proli  labore  mannum  (luicrebat.  Quam  prsedicta 
in  sacro  tribunali  confitentem  Caius  sacerdos  utrum 
absolvere  posset  dubitabat.     Unde  quseritur: 

1.  Quid  sit  divortium  plenum  et  semiplenum? 

2.  Quas  ob  causas  divortium  semipleninn  instituere 
liceat? 

3.  Num  privata  auctoritatc  fieri  liceat  divortium  semi- 
plenum? 

4.  (^viid  ad  casum? 

Solution 

1.  ^^^lat  is  divortium  plenum  and  semiplenum? 
Dissolution  of  the  bond  of  maj-riage  is  called  divortium 

plenum;    separation  a  toro  et  mensa,  or  judicial    separa- 
tion, divortium  semiplenum. 

2.  For  what  reasons  may  judicial  separation  be 
obtained? 

265 


266  CASES  OF  CONSCIENCE 

By  ecclesiastical  law  perpetual  judicial  separation  may 
be  obtained  for  adultery,  heresy  of  the  other  party,  and 
by  mutual  consent  for  a  good  purpose  if  there  is  no  danger 
of  incontinence.  Temporary  separation  is  allowed  on 
account  of  serious  danger  to  soul  or  body.^ 

3.  Is  this  separation  allowed  by  private  authority? 
When    adultery  is  certain,  complete,  formal,  and  not 

condoned,  the  innocent  party  may  separate  on  his  private 
authority.  This  may  be  done  in  the  other  cases  if  there 
is  danger  in  delay.  Regularly,  and  especially  if  the  suf- 
ficiency or  reality  of  the  cause  is  uncertain,  the  judgment 
of  the  bishop  should  be  invoked. 

4.  The  case.  It  would  liardly  be  advisable  or  safe  to 
tell  people  in  the  position  of  Titia  that  they  are  free  to 
separate  from  a  drunken  and  cruel  husband.  Such  a 
doctrine  would  probably  lead  too  many  to  exaggerate 
their  own  woes  and  to  think  that  they  were  justified  in 
leaving  their  husbands.  Still  in  the  circumstances  men- 
tioned in  the  case,  Caius  may  absolve  Titia  without  requir- 
ing her  to  go  back  to  her  husband,  or  to  consult  the  bishop. 
Before  the  fact  it  might  be  difficult  to  countenance  such 
a  proceeding  as  that  of  Titia,  but  when  she  has  done  it 
in  more  or  less  good  faith  it  may  be  tolerated  by  the 
confessor.2 

1  Manual  of  Moral  Theology,  vol.  ii,  281. 
^  G6nicot,  vol.  ii,  n.  258. 


10 

A    LAWYER    AND    A    DIVORCE    CASE 

.  TiTius  advocatus  Oatholicus  rogabatur  a  Caio  pariter 
Catholico  ut  divortium  in  curia  civili  ci  peteret.  Invcnerat 
enim  Caius,  ut  aiebat,  certas  probationes  adulterii  suae 
conjugis,  unde  merito  timebat  iic  prolem  non  suam  alere 
teneretur.  Titius  indutias  ad  duos  vel  tres  dies  petebat 
ante  responsum  dandum,  ac  interim  confessarium  con- 
sulebat.     Unde  quaeritur: 

1.  Ad  (luamnam  jurisdietionem  pertineant  causae  de 
divortio  ecclesiasticam  an  civilem? 

2.  Num  judici  Catliolico  in  curia  civili  divortium  pro- 
nunciare,  advocato  Catholico  idem  petcre  liceat? 

3.  Num  omnia  SS.  Congregationum  responsa  de  hac 
qusestione  sequaliter  omnibus  regionibus  applicari  possint? 

4.  Quid  Titio  sit  respondendum  a  confessario? 

Solution 

1.  Do  divorce  cases  belong  to  the  ecclesiastical  or  to  the 
civil  authority? 

Divorce  cases  and  all  other  matrimonial  causes  belong 
exclusively  to  the  ecclesiastical  courts,  as  Leo  XIII  taught 
in  his  letter  Arcanum  10  Feb.  1880.  However,  in  England 
and  in  the  United  States  of  America,  with  the  leave  of 
the  bishop,  a  Catholic  for  just  cause  may  petition  for 

267 


268  CASES  OF  CONSCIENCE 

judicial  separation  and  probably  even  for  divorce  in  the 
ci\il  court. ^ 

2.  May  a  Catholic  judge  pass  sentence  of  divorce  in  a 
ci\al  court,  and  may  a  Catholic  lawyer  petition  for  it  in 
the  same  court? 

This  is  a  disputed  question,  and  something  depends  on 
the  country  and  the  law  under  which  the  trial  takes 
place.  Confining  ourselves  to  England  and  to  the  United 
States,  it  is  probable  that  for  grave  reason  both  may  be 
allowed,  though  it  is  better  to  have  nothing  to  do  with 
such  cases  as  far  as  possible  .^ 

3.  Can  all  the  answers  given  by  the  Roman  Congrega- 
tions on  tliis  question  be  applied  equally  to  all  coun- 
tries? 

No,  the  circumstances  of  Cathohc  countries,  of  coun- 
tries where  the  majority  of  the  people  are  Catholics,  but 
where  sometimes  the  government  is  hostile  to  the  Church, 
and  of  most  English-speaking  countries,  are  widely  dif- 
ferent, and  much  depends  on  circumstances.  Thus  the 
Holy  Office,  27  May  1886,  answered  that  in  France  a  judge 
could  not  abstract  from  the  objective  validity  of  a  marriage 
and  give  sentence  of  divorce  as  far  as  the  civil  effects  were 
concerned.  The  nuncio  in  Belgium  declared  14  Sep.  1886, 
that  this  answer  did  not  refer  to  Belgium.^ 

4.  What  should  the  confessor  say? 

The  confessor  should  tell  Titius,  who  is  obviously  a 
conscientious  Catholic,  that  he  should  write  to  the  bishop 
and  ask  for  his  leave  to  undertake  the  case.  This  will 
give    the   bishop    the    opportunity   of   satisfying   himself 

1  Manual  of  Moral  Theology,  vol.  i,  587,  591;  vol.  ii,  281. 

2  Ibid.,  vol.  i,  591;  vol.  ii,  283. 

*  Ballerini-Palmieri,  Opus  Morale,  vol.  vi,  n.  825. 


A    LAWYER  AXJJ  A   DIVORCE  CASE  269 

about  the  rcalil\-  of  the  facts  alleged  in  the  case,  and  per- 
haps of  sugo-esting  some  way  of  avoiding  all  the  scandal 
and  unpleasant ness  of  a  divorce  case  among  Catholics. 
If  Titius  gets  the  bishop's  leave  he  will  he  al)le  to  jji-oceed 
without  scruple. 


11 

DISPENSATION  FROM  BANNS 

TiTius  et  Titia  Catliolici  cognoscuntiir  implore  prsecep- 
tum  MissEe  audiendse,  nunquam  tamen  lit  videtur  sacra- 
men  ta  recipiunt.  Quodam  die  Titius  liujus  rei  causam 
Caio  quasi-parocho  declarat,  et  dicit  quamqiiam  in 
communi  sestimatione  ipse  et  Titia  sint  conjiiges  legitime 
matrimonio  juncti,  hoe  tamen  non  esse  verum,  quum 
illuc  devenerint  abhinc  quatuordecim  annis  et  dum  Titise 
verus  maritus  adhuc  inter  vivos  esset;  postea  quidem 
Titise  maritum  esse  mortuum,  nee  iillum  impedimentum 
inter  se  et  Titiam  amplius  existere,  et  velle  vitam  refor- 
mare,  dummodo  sine  scandalo  at  salva  fama  Titiae  fieri 
posset.  Caius  vero  neseit  quid  in  casu  sit  faciendum. 
Unde  quseritur: 

1.  Qualis  sit  obligatio  bannorum,  et  num  aliquando 
cesset,  vel  dispensari  possit? 

2.  Qualis  sit  obligatio  matrimonium  in  facie  Ecclesise 
celebrandi,  et  num  ali(iuando  cesset  vel  dispensari  possit? 

3.  Quid  ad  casum? 

Solution 

1.  What  is  the  ol^ligation  of  ]3anns,  and  does  it  some- 
times cease,  or  can  a  dispensation  be  had? 

The  obligation  of  publishing  the  banns  before  a  marriage 
is  celebrated  is  a  grave  one,  but  the  bishop  or  his  vicar- 

270 


DISPENSATION  FROM   BAXXS  271 

general  can  dispense  from  them  cither  \vh(jlly  or  in  part 
for  good  reason.  \\'hen  there  is  no  impediment  and  it 
is  necessary  to  celebrate  a  marriage  at  once  in  order  to 
avoid  very  serious  harm,  marriage  may  sometimes  Vje  con- 
tracted without  banns.' 

2.  WTiat  obligation  is  there  ot"  celebrating  marriage 
in  the  face  of  the  Church,  and  does  it  cease  sometimes? 

F'rom  the  earliest  times  there  existed  a  grave  obliga- 
tion of  celebrating  marriage  in  face  of  the  Church,  or 
in  other  words  before  the  parish  priest  or  the  bishop. 
Before  the  decree  Ne  Teniere  came  into  force,  19  April 
1908,  marriages  of  Catholics  otherwise  celebrated  were 
only  uiilawrul  in  iMi.uland  and  in  most  parts  of  the  United 
States;  after  that  date  they  are  also  invalid,  as  a  general 
rule.  An  exception  to  this  rule  is  made  by  the  decree  Ne 
Temere  (§  VIII) :  "Should  it  happen  that  in  any  district 
the  parish  priest  or  the  Ordinary  of  the  place  or  a  priest 
delegated  by  either  of  tliem,  before  whom  marriage  can  be 
celebrated,  is  not  to  be  had,  and  that  this  condition  of 
things  has  lasted  for  a  month,  marriage  may  be  validly 
and  licitly  entered  upon  ])y  the  formal  declaration  of 
consent  made  by  the  spouses  in  the  presence  of  two 
witnesses." 

3.  The  case.  We  need  not  consider  the  difficulties  in 
the  way  of  marrying  Titius  and  Titia  which  would  arise 
from  English  civil  law.  There  is  good  reason  for  grant- 
ing a  dispensation  from  banns  and  this  should  be  obtained 
by  Caius.  He  should  also  make  sure  that  now  at  least 
there  is  no  impediment  to  the  marriage  of  Titius  and  Titia. 
The  religious  marriage  may  then  be  celebrated  in  the  man- 
ner prescribed  by  ecclesiastical  law. 

'■  Manual  of  Moral  Theology,  vol.  ii,  265  f. 


12 

PREVIOUS  MARRIAGE 

Bertha  viginti  annos  nata  Caio  nupserat  quocum  plus 
minus  pacifice  vixit  per  duos  annos.  Tunc  uncle  se  uxorem- 
que  sustentaret  quum  in  Anglia  amplius  lucrari  non  posset, 
Caius  in  Americam  tetendit,  et  fideliter  per  aliquot  menses 
litteras  pecuniamque  uxori  misit,  quando  subito  cessarunt 
litterse  nee  quidquam  postea  de  marito  audivit  Bertha. 
Post  aliquot  annos  in  aliam  civitatem  quum  Bertha  migras- 
set  Titius  acatholicus  qui  cubiculum  in  ejus  domo  eon- 
duxerat  eam  in  uxorem  postulabat.  Quum  Bertha 
consensisset,  impossibilitatem  dispensationem  obtinendi 
ab  episcopo,  in  Ecclesia  Anglicana  nuptise  celebrabantur. 
Quae  omnia  ante  diem  19  Aprilis  1908  evenerunt,  post 
ilium  autem  diem  ad  confessarium  accessit  Bertha  qui 
factis  auditis  affirmabat  invalidum  esse  matrimonium 
et  a  Titio  eam  separare  oportere.     Unde  quseritur: 

1.  Quid  faciendum  quando  dubitetur  de  statu  libero 
sponsi  qui  velit  inire  matrimonium? 

2.  Quid  post  matrimonium  contractum  ab  aliquo  incerto 
de  morte  prioris  conjugis? 

3.  Quid  ad  casum? 


272 


PREVIOUS  MARRIAGE  273 

SOLUTIOX 

1.  AVhat  is  to  bo  done  wiieii  it  is  (l()iil)tful  whctlicr  one 
is  free  to  marry  who  wishes  to  do  so? 

Inquiry  must  be  made  and  if  the  dcalh  of  the  previous 
spouse  is  proved  by  a  certificate  of  death  oi'  ol  hci-  authentic 
document,  or  l)y  two  witnesses  who  are  above  suspicion, 
or  by  other  lawful  means,  the  person  may  l)e  allowed  to 
marry  again.  If  any  reasonable  doubt  remains  tlie  case 
should  be  referred  to  the  bishop,  who  without  the  leave 
of  the  Holy  See  will  not  allow  a  second  marriage  unless  the 
freedom  to  marry  is  {)roved.i 

2.  Wliat  should  be  done  when  a  second  marriage  has 
been  contracted  by  one  who  was  not  certain  that  a  former 
spouse  was  dead? 

"  If  a  person  has  unlawfully  contracted  a  second  marriage 
without  the  necessary  certainty  cancerning  the  death  of 
a  former  spouse,  it  does  not  follow  that  the  second  marriage 
is  invalid,  and  that  the  parties  must  separate.  If  there 
is  only  slight  doubt  about  the  death  of  the  former  spouse, 
after  making  fruitless  inquiries,  the  parties  may  live 
together  as  man  and  wife.  If  only  one  of  the  parties 
is  in  bad  faith  and  is  not  certain  of  the  death  oi  a  former 
spouse,  while  the  other  knows  nothing  of  the  difficult}', 
he  sliould  render  tlie  marriage  debt,  but  he  has  no  right 
to  ask  it  as  long  as  he  remains  in  bad  faith.  If  both  parties 
'are  in  bad  faith,  they  can  not  lawfully  use  marriage  as  long 
as  they  are  in  that  state.  Inquiries  should  be  made,  and 
if  probable  reasons  can  be  discovered  for  tliinking  that  the 
former  jiartner  is  dead,  thay  may  use  marriage,  accord- 
ing to  a   prol)abl('  ()])iiii(»ii.      For  even   in    this  case   the 

'  Manual  of  Moral  Theology,  vol.  ii,  2%. 


274  CASES  OF  CONSCIENCE 

marriage  has  been  contracted,  it  is  probably  valid,  and  it 
is  not  certain  that  any  one  else  has  a  prior  right,  so  the 
parties  should  be  allowed  to  use  it.  If  the  second  marriage 
was  contracted  in  good  faith,  and  a  doubt  about  the  death 
of  a  former  spouse  arises  subsequently,  inquiries  should 
be  made,  and  if  they  are  fruitless  the  parties  may  live  as 
man  and  wife.  Of  course  in  all  cases  when  it  is  found  out 
for  certain  that  a  former  spouse  is  alive,  the  second  mar- 
riage is  invalid,  and  the  parties  must  separate,  or  at  any 
rate  must  not  live  as  man  and  wife  together."  i 

3.  The  case.  The  confessor  was  wrong  in  deciding  at 
once  that  Bertha  must  separate  from  Titius.  The  marriage 
^^^th  Titius  was  contracted  in  England  where  clandestinity 
was  not  a  diriment  impediment  till  19  April,  1908.  If 
when  the  marriage  was  celebrated  Caius  was  dead,  and 
if  consent  was  given  absolutely  by  Iwth  parties,  and  there 
were  no  other  diriment  impediment  between  Bertha  and 
Titius,  the  marriage  was  valid  though  illicit.  The  con- 
fessor should  therefore  have  made  inquiries  from  Bertha 
as  to  whether  Titius  was  baptized  or  not,  whether  there 
was  any  dmment  impediment  between  them,  whether 
Titius  knew  anything  about  her  former  marriage  or  not, 
whether  there  was  any  possibility  of  learning  what  had 
become  of  Caius.  If  Titius  was  a  baptized  Anglican  and 
knew  nothing  about  Bertha's  former  marriage,  and  espe- 
cially if  there  was  no  hope  of  learning  anything  about 
Caius,  he  could  not  be  deprived  of  his  marital  rights  with- 
out injustice.  Under  these  same  suppositions  the  con- 
fessor should  tell  Bertha  how  wrongly  she  acted  in  marry- 
ing Titius  at  all  and  especially  in  a  Protestant  Church, 

1  Manual  of  Moral  Theology,  vol.  ii,  297;    Ballerini,  Opus  Morale, 
vol.  vi.  677. 


PREVIOUS  MARRIAGE  275 

but  that  since  in  uU  probability  lier  former  husband  is 
dead,  she  may  Hvc  with  Titius  as  liis  wife  and  frequent 
the  sacraments.  She  sliould  be  tokl  to  pray  for  Titius' 
conversion  to  the  Faith,  and  if  there  are  any  children 
of  the  marriage  to  bring  them  up  as  Catliolics.  She  should 
also  be  absolved  from  the  excommunication  which  is 
incurred  b}'  marrying  in  a  Protestant  Chiu-ch,  if  she  was 
aware  of  the  penalty. 


13 

A  TOO  ACCOMMODATl.XG  PRIEST 

Bernardus  vehementibus  Clarae  uxoris  sua3  quscri- 
moniis  fractus  ab  ea  discedit,  et  in  Amcricam  pergit. 
Elapsis  circiter  octo  annis,  Clara  credens  maritiim  mortuum 
esse  se  confert  in  aliam  civitatem,  ubi  pravum  consortium 
sub  spe  matrimonii  cum  Roberto  acatholico  habet,  atque 
ex  illo  gravida  evadit.  In  quibus  angustiis  properat  ad 
Franciscum,  sacerdotem  amicum  suum,  cui  omnia  pandit, 
postulatque  quid  sibi  sit  agendum.  Omni  diligenti 
inquisitione  facta  Franciscus  judicans  probabilitatem  de 
morte  Bcrnardi  longe  majorem  esse  quam  de  vita  rem 
totam  defert  ad  Ordinarium,  qui  tamen  negat  se  posse 
mulieri  facultatem  tribuerc  ut  ad  novas  nuptias  transeat. 
In  his  circumstantiis  Clara  approbante  Francisco  ad 
evitandum  infamia}  periculum  matrimonium  coram  offi- 
ciali  civili  contrahit  cum  Roberto  inscio  prioris  conjugii, 
et  ante  decretum  Ne  Temere  promulgatum.  Postea  autem 
stimulis  conscientise  impulsa  ad  confessariun  accedit  qui 
omnibus  patefactis  secum  ({userit: 

1.  Qualis  probatio  requiratur  ad  contestandam  mortem 
prioris  conjugis? 

2.  An  moralis  certitudo  de  morte  ejus  necessario  re- 
quiratur pro  foro  intemo  seque  ac  pro  externo  ut  novum 
matrimonium   licite   contrahi   possit?  . 

3.  Quid  judicandum  de  sententia  cl.  Ballerini,  nempe: 
"  Quando  certitudo   moralis  liabetur  de  morte   conjugis 

276 


A    TOO  ACCOMMODATING  PRIEST  277 

potest  parochus  nulla  petita  Ordinarii  liccntia  et  absque 
ejus  scientia  novo  matrirnonio  assistere."  ^ 

4.  Quid  (Ic  consilio  Francisci  ct  <iui<l  dc  usu  niatrimfjnii 
secundi? 

Solution 

1.  What  sort  of  ovicUnu'c  is  required  to  prove  the  death 
of  a  former  spouse? 

That  evidoncc  is  required  wliich  is  sufficient  to  generate 
moral  certainty  of  tlie  fact.  A  burial  certificate,  or  the 
certificate  of  the  doctor  who  attended  liini,  two  rcHable 
and  sworn  witnesses,  one  witness  when  his  evidence  is 
backed  by  other  indications  of  the  fact,  will  be  sufficient. 
(Instructio  S.  0.,  Concilia  Wcstmonast.,  p.  410). 

2.  Is  moral  certainty  of  death  required  in  the  internal 
forum  as  well  as  in  the  external? 

Yes,  because  otherwise  there  will  be  a  doubt  as  to 
whether  the  second  marriage  is  valid  or  not. 

3.  ^^^lat  is  to  be  thought  about  the  opinion  of  Ballerini? 
Accorchng  to  the  common  law  the  freedom  of  parties 

who  wish  to  be  married  must  l)e  proved  in  legal  form 
to  the  satisfaction  of  the  OrcUnary.  In  many  places  this 
is  not  done,  but  the  death  of  a  former  spouse  should  be 
morally  certain  from  public  arguments;  the  mere  subjec- 
tive certainty  of  the  pai'ish  priest  is  not  sufficient.  In 
this  sense  Ballerini's  opinion  may  be  accepted. 

4.  AMiat  about  the  achdce  of  Francis,  and  the  use  of 
the  second  marriage? 

Francis  did  wrong  to  approve  of  Clare's  conduct.  She 
was  in  a  difficult  position,  it  is  true,  l:)ut  she  should  not 
have  put  herself  in  it.     At  any  rate  it  does  not  justify 

'  Opus  Morale,  tract,  x,  c.  2,  n.  676. 


278  CASES  OF  CONSCIENCE 

her  in  marrying  before  the  registrar  a  second  husband 
while  she  is  not  certain  that  her  former  husband  is  dead. 
However,  as  the  second  maiTiage  took  phice  in  England 
before  clandestinity  became  a  diriment  impediment  of 
marriage,  and  Clare  thought  that  her  former  husband 
was  dead,  and  acted  on  the  advice  of  a  priest,  and  Robert 
knew  nothing  about  the  former  husband,  Clare  may  live 
with  him  as  liis  wife,  but  she  will  have  to  separate  from 
him  if  her  former  husband  proves  to  be  alive.  She  should 
be  told  of  her  obligation  to  bring  up  all  her  children  as 
Catholics,  and  to  pray  for  the  conversion  of  Robert. 


14 
DOUBTFCL    HAl'TISM   A.XJ)   .MAlMllAdK 

TiTirs  ("t  Titia  coiijuges  ct  r('li<;i()ii('  sccta-  Aiiglicaiiic 
rogaveruiit  ('niiiin  sacerdoteni  ut  ipsos  in  Ecclesiam 
Catholicam  reciperet.  Do  eoniiii  haplismatc  iii<iuiroiis 
Cains  invoiiit  Titiam  ])robal)ilit('r  fuissc,  Titium  vero 
ccrto  niuKiuani  bapti.satiim;  insupcr  oos  oss(>  in  tertio 
gradii  consangninitatis  conjunct os.  (^uuni  vcj-o  juxta 
recentem  (incnidam  theologum  j)r()l)aI)ilit(T  iKijttisati  ccrto 
Ecclesise  legibus  sint  subjecti,  judicabat  Caius  primuni 
dispcnsationem  esse  petendam  ut  saltern  nunc  Titius 
ct  Titia  validum  matrimonium  inirent.  Alius  vero  sa- 
ccrdos  matrimonium  ab  initio  fuissc  validum  putabat. 
Unde  qusEritur: 

1.  Quid  censendum  de  sententia  rccentis  illius  theologi? 

2.  Quinam  sint  legibus  Ecclesia)  matrimonialibus 
subjecti? 

3.  In  dubio  do  baptismo  (juid  jn-omnicianduni  dc  vali- 
ditate  matrimonii? 

4.  Quid  ad  casum? 

Solution 

1.  AVhat  is  to  be  tliouglit  of  (lie  opinion  referred  to? 

The  opinion  is  that    of   Lchnikuhl:    "  Dubic  baptisati 

jure    divino    jurisdictioni    EcclcsiiP    sul)sint.""  ^     Of    this 

1  Theol.  Moral.,  vol.  li,  426  nota. 
279 


280  CASES  OF  CONSCIENCE 

opinion  Fr.  "Wornz  writes:  "At  hujusmodi  principium 
luic  usque  passim  a  doctoribus  non  videtur  esse  admissum, 
nee  rationes  allatse  omnibus  esse  efficaccs.  Difficulter 
(luoque  iiitelli.iiitur  (juomodo  (juis  vere  et  objective  ligetur 
l(>gibus  iiTitantil)us  Ecclesia?  lieet  dubia  tantum  sub- 
jectiva  existant  de  ejus  baptismo,  atque  ipse  forte  objective 
careat  charactere  baptismali,  qui  ex  jure  divino  est  unicum 
fundamentum  depend(»ntia3  alicujus  hominis  ut  subditi 
a  legibus  ecclesiasticis."  ^  Genicot  says:  "  Verius  ibi 
meram  pra'sumptionem  reperiri  })utamus  (juam  Ecclesia 
secjuatur  in  dijudicandis  causis  matrimonialibus."  ^ 

2.  ^\^lo  are  subject  to  the  matrimonial  laws  of  the 
Church? 

All  those  who  are  baptized,  even  schismatics  and  heretics, 
unless  the  Church  has  made  an  exception,  as  she  has  done 
with  regard  to  the  law  of  clandestinity. 

3.  In  a  case  of  doubtful  baptism  what  is  to  be  said  about 
the  validity  of  marriage? 

The  general  rule  is:  "  Baptismus  dubius  sive  dubio 
juris  sive  facti  in  ordine  ad  validitatem  matrimonii  con- 
tract! vel  contrahendi  habendus  est  ut  validus."  ^  The 
rule,  which  has  frequently  been  formulated  and  acted  on 
by  the  Roman  Congregations,  more  probably  lays  down 
a  presumption  wliich  is  followed  as  long  as  the  doubt 
remains,  but  which  must  yield  to  the  truth  if  it  becomes 
manifest. 

4.  The  case.  Titia  probably  had  been  baptized;  Titius 
certainly  had  not  liecn  baptized,  and  this  fact  we  presume 
to  have  been  publicly  known  at  the  time  of  their  marriage, 

^  Jus  Decretalium,  iv,  508  nota  (33). 
2  Theol.  Moral.,  vol.  ii,  488  nota. 
'  Wernz,  Jus  Decret.,  lib.  iv,  n.  507. 


DOUBTFLL   liM'TlSM   AM)   MAHUl.Uih:  281 

not  to  have  been  detected  now  for  tlic  firs  I  linio.  The 
marriage  was  invalid.  "  Qui  validc  aut  dubic  hapti.sati 
fuerint,  ii  subsunt  impodimentis  etiam  jure  ooolosiastifo 
dirimentibiis.  .  .  .  At  fieri  jjotcst  ut  una  jjars  \ali(lc  aut 
dubie,  altera  vero  iiivalide  ba])tisla  liici-it.  Hoc  in  casu 
eorum  matrimoniuni  nullum  crit  ol)  culUi.s  disjjaritatem  "" 
(S.  0.  4  Feb.  1891.  A.  S.  S.  XXVI,  G2).  Titia  was  also 
subject  to  the  impediment  of  consanguinity,  and  so  the 
marriage  was  also  invalid  on  this  liead.  Caius  should 
leave  them  in  good  aitli  about  the  validity  (jf  their  mar- 
riage, api)ly  for  a  dispensation  from  consanguinity  in  the 
third  degree  in  the  case  of  converts  already  married,  and 
after  ho  has  ivceived  tliem  into  tlic  Churcli  and  ()btain('(l 
the  dispensation,  get  them  to  renew  their  consent  bcfoi'e 
the  parish  ])riest  and  two  witnesses. 


15 
AFFINITY 

TiTius  missionarius  post  plures  annos  in  vinea  Domini 
in  Africa  meridionali  fructuose  transactos  in  patriam  redit 
ad  vii-es  corporales  spiritualesque  reficiendas.  In  missione 
pliires  casus  morales  solutu  baud  faciles  sese  offerebant, 
inter  quos  etiam  sequens.  \'ir  quidam  primarius  inter 
paganos  ad  fidem  convertebatur,  at  quum  (juatiior  uxores 
haberet  tres  remittere  debuit.  Attanien  primam  nulla- 
tenus  retinere  voluit,  sed  potiiis  ejus  sororem  inter  omnes 
juniorem  et  ultimam  multis  bobus  emptam.  Titius 
vero  perplexus  dubitabat  utrum  hoc  jjermitti  posset, 
etiamsi  uteretur  suis  sat  amplis  missionariis  facultatibus 
ad    dispensationes    necessarias     concedendas.     Quseritur: 

1  Num  impedimentum  affinitatis  sit  juris  naturalis 
vel  ecclesiastici  tantum? 

2.  Quasnam  facultates  habeant  missionarii  in  partibus 
infidelium  quae  usui  essent  Titio  in  casu? 

3.  Quid  ad  casum? 

SOLUTIOX 

1.  Is  the  impediment  of  affinity  derived  from  natural 
or  ecclesiastical  law? 

Affinity  in  the  collateral  line  is  certainly  derived  from 
ecclesiastical  law,  and  more  probably  also  in  the  direct 
line.     As  a  diriment  impediment,  therefore,    it  does  not 

282 


AFFINITY  283 

affect  those  who  uj'e  nut  l^uplizcd.  iiowevcr,  even  in  the 
non-baptized,  carnal  intercourse  creates  a  certain  natural 
bond;  the  parties  become  one  flesh,  and  this  natural  bond 
becomes  affinity  and  a  diriment  impediment  of  marriage 
after  Baptism.' 

2.  What  faculties  have  missioners  among  infidels  which 
might  perhaps  be  of  use  in  this  case? 

Bishops  and  even  priests  in  missionary  countries  fre- 
quently have  the  following  faculties: 

"  Dispensandi  in  3  et  4  consanguinitatis  et  affinitatis 
gradu  simplici  et  mixto  tantum,  et  in  2,  3,  et  4  mixtis, 
non  tamen  in  2  solo  ([uoad  futura  matrimonia;  quo  vero 
ad  praeterita  etiam  in  2  solo,  dummodo  nuUo  modo  attingat 
primum  gradum,  cum  his  qui  ab  haeresi  vel  infidelitate 
convertuntur  ad  fidem  catholicam  et  in  praefatis  casibus 
prolem  suseeptam  declarandi  legitimam." 

"  DispensancU  cum  gentilibus  et  infidelibus  plures 
uxorcs  habentibus  ut  post  convcrsionem  et  baptismum, 
quam  ex  illis  maluerint,  si  etiam  ipsa  fidelis  fiat,  retinere 
possint,  nisi  prima  voluerit  converti." 

"  Dispensandi  in  utroque  foro  cum  Catholicis  ejus 
jurisdictioni  subjectis,  in  matrimoniis  sive  contractis  sive 
contrahendis,  super  impedimento  primi  gradus  affinitatis 
in  linea  collaterali  ex  copula  licita  provenientis  (pro 
decern  casibus)." 

3.  The  case.  The  first  wife  is  presumed  to  be  the  only 
lawful  one,  and  if  she  is  willing  to  be  converted,  her  hus- 
band should  adhere  to  her.  If  she  is  not  willing  to  be 
converted,  but  is  reatly  to  live  peaceably  with  her  husband, 
in  this  case  also  he  should  remain  with  her,  unless  he 
obtains  a  dispensation  which  may  be  givcMi  in  virtue  of 

'  Manual  of  Moral  Theology,  vol.  ii,  302. 


284  CASES  OF  CONSCIENCE 

the  second  of  the  above  facuHies.  In  case  the  first  will 
neither  be  converted  nor  live  peaceably  with  her  husband, 
the  Pauline  privilege  may  be  invoked,  and  the  husband 
will  be  free  to  marry  any  Christian  wife.  Sometimes 
among  infidel  savages  there  may  be  serious  doubt  as  to 
whether  the  marriage  with  a  first  wife  was  valid  on  account 
of  the  man's  intention  not  to  limit  himself  to  one,  and 
for  other  reasons.  In  such  a  case  the  man  would  not  be 
married  at  all.  In  the  case  proposed,  the  woman  that  the 
man  wishes  to  retain  as  his  wife  is  related  to  him  in  the 
fii'st  degree  of  affinity  in  the  collateral  line,  but  sometimes 
power  to  dispense  in  this  impediment  is  granted  as  by  the 
third  of  the  above  faculties,  or  a  dispensation  for  a  par- 
ticular case  may  be  asked  for  from  the  Holy  See.  From 
what  has  been  said  Titius  will  see  how  his  case  and  similar 
ones  must  be  treated. 


IG 

COXSANGUIXITY 

Caius  juvenis  adulterium  commisit  cum  Bertha  et  cum 
Julia  maritis  abscntihus.  Postea  omcndatis  moribus 
Caius  honcstissimam  inulierem  duxit,  paterno  tamen  cum 
affectu  semper  secrcto  prosequebatur  Mariam  e  Bertha 
natam  et  Titium  quem  JuHa  sibi  peperit.  Post  aliciuot 
annos  mirabundus  advertebat  Titium  et  Mariam  jam 
adultos  maxima  familiaritate  inter  se  esse  conjunctos,  et 
tandem  obstupefactus  audiebat  eorum  banna  in  ecclesia 
proclamata,  inire  enim  mati-imonium  intendebant.  Post 
aliquot  dies  secretum  quod  nemo  alius  sciebat  Caius 
confessario  manifcstabat,  et  de  suis  oblio;ationibus  rogabat. 
Unde: 

1.  Quid  sint  banna,  et  quam  obligationem  matrimonii 
impedimenta  manifestandi  inducant? 

2.  Quo  jure  inductum  sit  impedimentum  consanguin- 
itatis,  et  quomodo  computentur  gradus  consanguinitatis 
eorum  qui  ex  eodem  patre  diversa  tamen  matre  originem 
ducant? 

3.  Quid  ad  casum? 

Solution 

Th(^  first  (juestion  was  answcM'od  above,  p.  259. 

2.  To  what  law  is  the  impediment  of  consanguinity  due, 
and  how  are  the  degrees  of  consanguinity  reckoned  of 
those  who  have  the  same  father  but  different  mothers? 

285 


286  CASES  OF  CONSCIENCE 

Consanguinity  in  the  fii'st  degree  of  the  direct  line  annuls 
maiTiagc  by  natural  law;  in  the  other  degrees  of  the  direct 
line  it  annuls  marriage,  but  more  probably  only  by  eccle- 
siastical law.  It  is  disputed  whether  consanguinity  in  the 
first  degree  of  the  collateral  line  annuls  marriage  by 
natural  or  by  ecclesiastical  law;  in  more  remote  degrees 
of  the  collateral  line  up  to  the  fourth  inclusive  it  annuls 
marriage  by  ecclesiastical  law.^  It  is  immaterial  whether 
both  parents  of  the  common  stock  are  the  same  or  only 
one. 

3.  The  case.  The  banns  of  Titius  and  Mary  were  pro- 
claimed, they  being  the  illegitimate  children  of  Caius  by 
different  mothers,  and  so  they  were  half-brother  and  half- 
sister.  They  w^ere  related  therefore  in  the  first  degree  of 
the  collateral  line  of  consanguinity,  but  Caius,  their  father, 
was  the  only  person  who  knew  of  the  relationship.  He 
asked  his  confessor  whether  he  was  bound  to  do  anything 
to  stop  the  marriage.  No,  he  is  not  l^ound  to  stop  the 
marriage.  The  impediment  is  probably  only  of  positive 
not  natm'al  law,  the  parties  are  in  good  faith  and  know 
nothing  about  it,  he  could  not  effectually  intervene  without 
betraying  himself  and  the  two  women  with  whom  he  had 
sinned,  to  say  nothing  of  the  danger  of  spoiling  the  lives 
of  the  young  couple. 

1  Manual  of  Moral  Theology,  vol.  ii,  299. 


17 

SACRED  ORDERS 

Caius  missionarius  saccrdos  (luum  advertisset  Juliurn 
patremfaiiiilias  cum  uxore  sua  Ecclcsiam  ciuidem  fre- 
quentaxe  nunquam  tamen  ad  sacramenta  accedere,  causam 
caute  iiKjuisivit.  Tandem  aliquaiido  Julius  agnovit  se 
esse  saccrtlotem  in  Australia  ordinatum  in  ipsa  tamen 
ordinationc  intra  se  explicite  votum  eastitatis  exclusisse, 
ita  ut  matrimonium  quod  post  aliquot  annos  sacerdotii 
iniisset  pro  valido  indubitantcr  liabeat.  Caius  vero 
rogat  utrum  aliquod  sit  Julii  opinioni  fundamentum, 
et  utrum  cum  ad  Ecclesise  sacramenta  fortasse  admittere 
possit.     Uncle  (iua3ritur: 

1.  Quid  sit  impedimentum  ordinis  sacri  et  quo  jure 
constituatm-? 

2.  Num  sit  idem  imj){>dimentum  dispensabile? 

3.  Num  vis  impedimenti  sit  in  ipso  ordine  suscepto 
an  in  voto  annexe? 

4.  Quid  ad  easum? 

Solution 

1.  What  is  the  impediment  of  sacred  Orders,  and  by 
what  law  is  it  established? 

The  solemn  vow  of  chastity  taken  implicitly  when  sacred 
Orders  are  received  is  a  diriment  impediment  of  marriage 
by  ecclesiastical  law.^ 

»  Manual  of  Moral  Theology,  vol.  ii,  307. 
287 


288  CASES  OF  CONSCIENCE 

2.  May  a  dispensation  be  had  from  this  impediment? 
Inasmuch  as  the  impediment  has  been  estabhshed  by 

the  authority  of  the  Church,  it  may  be  dispensed  by  the 
same  authority,  but  the  Church  rarely  chspenses  deacons 
and  still  more  rarely  priests  from  this  impediment. 

3.  Ls  the  impediment  in  the  sacred  Orders,  or  in  the 
vow  of  chastity  annexed  to  sacred  Orders. 

It  is  in  both,  in  this  sense,  that  in  the  Western  Church 
a  solenm  vow  of  chastity  which  annuls  subsequent  marriage 
is  implicitly  taken  by  all  who  receive  sacred  Orders, 
1)ut  apart  from  this  vow  and  independently  of  it,  sacred 
Orders  are  a  diriment  impediment  of  marriage  by  eccle- 
siastical law.i 

4.  The  case.  Julius  acknowledges  that  he  was  ordained 
a  priest  in  Australia,  but  he  also  asserts  that  when  he  was 
ordained  he  mentally  but  expressly  excluded  the  vow 
of  chastity,  so  that  he  holds  for  certain  that  the  marriage 
which  he  subsequently  contracted  is  valid.  Julius'  opinion 
can  not  be  maintained.  He  can  not  prove  his  mental 
withholding  of  his  consent  in  the  matter  of  the  vow,  and 
he  would  not  be  listened  to  in  an  ecclesiastical  court. 
Besides,  sacred  Orders  in  themselves,  apart  from  the  vow, 
are  a  direment  impediment  of  marriage,  so  that  the  marriage 
is  null  and  void  whether  he  took  the  vow  of  chastity  or 
not.  Julius  is  therefore  living  in  concubinage,  and  may 
not  be  admitted  to  the  sacraments  while  living  in  that 
state.2 

1  Manual  of  Moral  Theology,  vol.  ii,  308. 

2  Wernz,  Jus  Decretalium,  lib.  iv,  n.  393. 


18 
FEAR 

AwA  ah  ali(iu()(  aniiis  coiivorsa  ad  fidom  Catliolicam 
voiiit  ad  (  aiiiin  niissionariuiii  ot  (licit  se  rrotestanticam 
in  Hibernia  sept  cut  rionali  Titio  protestantico  nupsisse, 
ad  id  adac'tam  coiitinuis  procibus  imo  ct  minis  expulsionis 
e  domo  paterna,  postca  ei  gcnuisse  duos  filios,  sed  de- 
nique  ob  ejus  crudclitatcm  et  quia  nunquam  eum  amasset, 
niarituni  in  IlihcTiiia  (I('r('li(iuisse,  et  in  Angliam  venisse. 
Nunc  maritaliter  cohabitat  cum  Titio  Catholico  et  uterque 
vellet  matrimonium  inire  ut  sacramonta  rccipere  posset. 
Caius  vero  nescit  utrum  eos  ad  matrimonium  admittere 
liceat,  et  qua3rit  quid  a  sc  sit  facieiidum.     Unde  quaeritur: 

1.  Quid  sit  impedimentum  metus  ot  quo  jure  statuatur? 

2.  Num  et  (luomodo  matrimonium  ob  metum  irritum 
convalidari  valeat? 

3.  Ad  quern  pertineat  traetare  causas  tales  matri- 
moniales? 

4.  Quid  ad  casum? 

Solution 

1.  A\Tiat  is  the  impcdinu'iit  of  fear,  and  by  what  law 
is  it  established? 

Fear  is  a  perturbation  of  mind  arising  from  present  or 
future  danger,  ^\^lcn  nuujiage  is  contracted  through 
grave  fear  caused  unjustly  by  a  free  agent  with  a  view  to 

289 


290  CASES  OF  CONSCIENCE 

extorting  marriage,  ecclesiastical  law  makes  the  marriage 
null  and  void.  Whether  it  is  also  void  by  natural  law  is 
a  disputed  point  among  divines.  ^ 

2.  Can  marriage,  void  through  fear,  be  revalidated, 
and  how? 

Yes,  such  marriage  may  be  revalidated  when  the  fear 
ceases  by  expressing  free  matrimonial  consent.^ 

3.  To  whom  does  it  belong  to  treat  of  such  matrimonial 
causes? 

To  the  bishop  as  judge  of  first  instance  in  the  external 
forum.  "  Qusestiones  de  validitate  matrimoniorum  causae 
nuncupantur;  quae  ad  forum  externum  unice  pertinent, 
ab  ordinario  juridice  determinandae.  Ad  ordinarium 
igitur  recurrendum  est  quando  agitur  de  novo  matrimonio 
contrahendo  ubi  adsit  dubium  de  validitate  matrimonii 
jam  contracti.  ...  Ad  matrimonia  autem  jam  contracta 
quod  attinet,  sacerdotes  omnes  qui  curam  animarum 
gerunt,  gravissime  monemus  ac  in  Domino  jubemus  ut 
quamquam  illis  certissime  constet  matrimonium  aliquod 
invalidum  fuisse,  omnibus  quorum  interest  aperte  declarent 
se  nullam  auctoritatem  habere  judicium  in  hujusmodi  re 
ferendi:  sed  antequam  ad  novum  matrimonium  procedere 
prsesumant  ad  ordinarium  recurrant  ej  usque  juridicam 
sententiam  expectent  "  (IV  Cone.  West.,  d.  15). 

4.  The  case.  Caius  may  not  admit  Ann  to  a  fresh 
marriage  until  it  has  been  proved  that  the  former  marriage 
was  invalid.  It  is  possible  that  it  was  invalid  to  begin 
with;  whether  it  afterwards  became  revalidated  by  the 
expression  of  free  marital  consent  on  the  part  of  the  woman 
or  not,  does  not  appear  from  the  case  as  stated.     Caius 

1  Manual  of  Moral  Theology,  vol.  ii,  320. 

2  Ibid.,  321. 


FEAR  291 

should  thcreforo  question  Aiin  with  a  view  to  finding  this 
out,  and  so  tliscovcring  whotlicr  tlicre  is  a  prima  facie 
case  for  invalidity  or  not.  If  he  finds  that  there  is  solid 
ground  for  thinking  that  the  former  man-iagc  was  and 
remained  null  and  void,  Caius  should  send  all  the  particulars 
of  the  case  to  the  bishop,  who  after  examining  the  evidence 
will  pass  sentence  in  accordance  with  it.  The  case  will 
then  be  sent  to  the  higher  ecclesiastical  court  if  the  bishop's 
sentence  was  in  favor  of  invalidity.  The  woman  \\ill  be 
free  to  marry  again  after  two  concordant  sentences  have 
been  given  in  favor  of  the  nullity  of  the  marriage. 


19 
CRIME 

TiTius  anglicanus  obtinuit  divortium  a  Titia  pariter 
anglicana  uxore  propter  hujus  adulterium  et  duxit  Bertham 
e  qua  filios  habet.  Recenter  mortua  Titia  ad  fidem  con- 
vertebantur  Titius  et  Bertha,  ac  petebant  a  Julio  sacerdote 
Catholico  ut  in  Ecelesiam  reciperentur,  sed  probe  scientes 
Ecclesiam  Catholicam  divortium  non  admittere,  rogabant 
ut  simul  nuptias  benediceret.  Julius  vero  rogat  quid  a 
se  sit  faciendum.     Unde  quseritur: 

1  Num  hseretici  subdantur  impedimentis  dirimentibus 
matrimonii? 

2.  Quomodo  sint  hseretici  cum  Ecclesia  reconciliandi? 

3.  Quid  ad  casum? 

Solution 

1.  Are  heretics  subject  to  the  diriment  impediments 
of  marriage? 

Yes,  unless  they  have  been  specially  excepted  by  com- 
petent authority  as  is  the  case  with  the  impediment  of 
clandestinity.^ 

2.  This  question  was  answered  above,  p.  287. 

3.  The  case.  Titius,  an  Anglican,  divorced  his  wife 
Titia,  who  was  also  an  Anglican,  and  married  Bertha. 
We  must  presume  that  Titius  and  Titia  were  baptized, 

1  Manual  of  Moral  Theology,  vol.  ii,  286. 
292 


CRIME  293 

and  so  subject  to  the  diriment  impediments  of  the  Church. 
The  divorce  was  null  and  void,  and  so  in  attempting  to 
marry  Bertha  during  the  lifetime  of  Titia  and  consummating 
the  attempted  marriage,  he  contracted  with  her  the 
impediment  of  crime.  Most  probably  they  are  in  ignorance 
of  this;  however  in  foro  externa  it  is  not  safe  to  follow  the 
opinion  that  ignorance  excuses  from  this  impediment. 
JuHus  should  leave  them  in  good  faith,  at  any  rate  till 
he  has  obtained  the  requisite  dispensation,  if  Titius  and 
Bertha  think  that  they  are  married;  otherwise  they  should 
not  use  marriage  rights.  After  obtaining  the  dispensa- 
tion from  the  impediment  of  crime  and  from  banns,  they 
should  be  married  privately  before  the  parish  priest  and 
two  witnesses.  1 

1  Gasparri,  De  Matrim.,  vol.  i,  649. 


20 
WAS  SHE  FREE  TO  MARRY? 

A  TiTio  viro  Catholico  in  matrimonio  petitur  Caia 
recenter  ad  fidem  convcrsa  antea  Anglicana.  Caia  quidem 
erat  matrimonio  juncta  cum  Lucio  consobrino  pariter 
Anglicano,  at  propter  ejus  crudelitatem  ac  adulterium 
post  primam  prolem  petierat  adhuc  Anglicana  divortium 
in  curia  civili  quod  gaudens  obtinuit.  Nunc  vero  Caia 
vellet  nubere  Titio  si  legibus  Dei  et  Ecclesise  ei  permit- 
tatur,  unde  rogat  confessarium  si  quid  matrimonio  optato 
obstet.     Unde  quseritm': 

1.  Quosnam  obligent  impedimenta  dirimentia  matri- 
monii? 

2.  Quo  jure  statuatur  impedimentum  consanguinitatis  ? 

3.  Num  liceat  matrimonium  contrahere  cum  dubio 
impedimento? 

4.  Quid  ad  casum? 

Solution 

The  first  question  was  answered  above,  p.  292  and 
the  second,  p.  286. 

3.  Is  it  allowed  to  contract  marriage  with  a  doubtful 
impediment? 

It  i'i  not  allowed  to  contract  marriage  when  there  is  a 
doubt  whether  it  is  not  forbidden  by  the  natural  or  divine 
law.     When  the  doubt  is  whether  it  is  not  forbidden  by 

294 


WAS  SUE  FREE   TO  MAIiliV?  295 

positive  ccclcsiastica'  law,  the  marriago  may  take  place 
When  the  doubt  is  of  fact,  as,  for  example,  whether  the 
parties  are  not  related  within  he  prohibited  degrees, 
a  dispensation  should  be  asked  for  fnjni  the  bisjioj),  who 
can  grant  it  ad  cautelam} 

4.  The  case.  As  Caia  and  Lucius  were  cousins,  and  we 
must  presume  that  they  were  baptized,  their  marriage 
was  null  and  void  by  ecclesiastical  Jaw.  A  divorce  has 
been  granted  in  the  civil  court,  and  so,  if  our  suppositions 
are  correct,  Caia  is  free  to  marry.  However,  the  con- 
fessor or  the  parish  priest  should  make  inquiries  and 
satisfy  himself  about  the  facts  of  the  case.  ^^Tien  he 
has  done  this,  he  should  submit  the  e\adence  to  the  bishop 
and  await  his  decision,  according  to  the  rule  laid  down 
above,  p.  283. 

1  Manual  of  Moral  Theology,  vol.  ii,  336. 


21 

MULTIPLE   IMPEDIMENTS 

Caius,  vivente  adhuc  uxore  sua  Caia,  in  ccclesia  Protes- 
tantica  cum  Titia  Caii^e  consanguinea  in  tertio  gradu  col- 
aterali,  et  ipsa  quidem  conjugata,  matrimonium  atten- 
tavit.  Paucis  post  annis,  turn  Caia  turn  Titise  marito 
defunctis,  ad  Thomam  confessarium  accedit  Titia  ut 
omnia  componat.  Inter  confitendum  narrat  se  integrum 
per  annum  concubinarie  vixisse  cum  Sempronio,  con- 
sanguineo  Caii  in  secundo  gTadu  collaterali  eic^ue  filium 
peperisse.     Thomas  igitur  cjuajrit: 

1.  Quotuplex  sit  impedimentum  criminis;  qusenam 
sint  conditiones  ad  illud  incurrendum  requisitse;  et  quan- 
donam  fiat  duplex? 

2.  Si  impedimentum  per  se  publicum,  sed  per  accidens 
secretum,  in  tribunali  detegatur,  debeatne  ejus  relaxatio 
sequi  regulas  fori  intenii  an  externi? 

3.  Qusenam  dispensationes  in  casu  requirantur;  et 
quonam  in  foro  res  tractari  debeat? 

4.  Quaenam  absolutiones  a  censuris  in  casu  dari  dcbeant? 
[Ex  casibus  solvendis  in  dioecesi  Liverpolitana,  1899-1900. 

Solution 

1.  What  is  the  impediment  of  crime;    what  conditions 
are  required  for  incurring  it;  and  when  is  it  double? 
Generally  the  impediment  of  crime  is  said  to  be  three- 

296 


MULTIPLE  IMPEDIMENTS  297 

fold;  adultery,  homicide,  and  both  together.  With 
adultery  there  must  he  a  i)romise  of  marriage  or  attempted 
marriage  with  the  adulterer;  witli  liomieide  when  com- 
mitted by  one  party  there  must  be  physical  or  moral 
co-operation  of  the  otlicr  party;  when  there  is  both 
adultery  and  liomieide,  the  other  conditions  are  not  nec- 
essai'y  that  the  impediment  may  exist  between  the  parties. 
If  both  parties  are  married  in  the  first  ease;  if  the  spouses 
of  both  are  killed  in  the  second:  and  if  in  the  third  there 
is  adultery  with  the  promise  of,  or  attempt  at,  marriage, 
and  the  machination  of  the  other  party  in  the  homicide, 
there  will  be  two  impediments.  ^ 

2.  If  an  impediment  is  jper  se  public,  but  secret  per 
accidens,  ought  its  dispensation  to  follow  the  rules  of  tlie 
internal  or  external  forum? 

It  should  follow  the  rules  of  the  external  forum: 
"  Communi  jurisprudentia  receptum  est  publicum  omnino 
haberi  impedimentum  ([uod  licet  actu  occultum  sit  quan- 
documque  vulgari  et  probari  potest."  2 

3.  What  dispensations  are  required  in  the  case  and  in 
what  forum  should  the  case  be  treated? 

Titia  is  the  affinis  of  Caius  in  the  third  degree;  we  pre- 
sume that  the  attempted  marriage  was  consummated  and 
so  there  is  a  double  impediment  of  crime  between  them 
{adulierium  cum  attentato  matrimonio);  Titia  is  the  affinis 
of  Caius  in  the  second  degree  on  account  of  her  illicit 
intercourse  with  Sempronius.  All  these  facts  are  publicly 
known,  so  that  the  wliole  case  must  be  treated  in  the 
external  forum,  and  dispensations  be  obtained  from  the 
above  impediments. 

1  Manual  of  Moral  Theology,  vol.  ii,  313. 
*  Gasparri,  De  Matrim.,  vol.  i,  n.  251. 


298  CASES  OF  CONSCIENCE 

4.  "\Miat  absolutions  from  censures  should  be  given 
in  the  case? 

Caius  and  Titia  incurred  the  censure  of  excommunica- 
tion inflicted  on  heretics  and  their  abettors  on  account 
of  their  attempting  marriage  in  the  Protestant  Church, 
for  to  receive  a  sacrament  in  a  non-Catholic  place  of 
worship  is  presumed  to  be  an  act  of  heresy.  They  will, 
then,  need  absolution  from  this  censure. 


22 

A  TREACHEROUS   FRIEND 

TiTius  coelebs  maxima  familiaritate  cum  Caio  cjusque 
uxore  Caia  erat  conjunctus,  et  leges  divinas  humanasque 
spernens  saepius  cum  Caia  adulterium  commiserat.  Caius 
gravi  morbo  correptus  ante  mortem  de  uxore  indigna  sollic- 
itus  Titio  ad  se  advocato  dixit  sibi  fore  gratissimum  si 
uxorem  rclictam  matrimonio  duceret.  Quod  Titius  se 
factm-um  promisit,  ac  postea  ut  Caius  tranquillus  morere- 
tur  Titius  et  Caia  ei  se  post  ejus  mortem  in  matrimonium 
inituros  simul  adstantes  lectulo  promiserunt.  Quam 
promisionem  morte  Caii  secuta  redintegrarunt  ac  Paulum 
parochum  ut  banna  proclamaret  rogarunt.  Paulus  vero 
in  examine  sponsorum  praedicta  quum  detexisset,  incertus 
erat  utrum  ad  matrimonium  essent  habiles  necne.  Unde 
quseritur : 

1.  Quodnam  sit  impedimentum  criminis  et  qua  lege 
statuatur? 

2.  Num  ignorantia  excuset  ab  impedimento  incurrendo? 

3.  Quaenam  conditiones  requirantur  ut  adsit  impedi- 
mentum ex  adultcrio  et  promissione  matrimonii? 

4.  Quid  ad  casum? 

Solution 

1.  What  is  the  impediment  of  crime,  antl  by  what  law 
is  it  established? 

Crime  is  a  duiment  impediment  of  marriage  established 

299 


300  CASES  OF  CONSCIENCE 

by  ecclesiastical  law  by  which  those  who  are  already 
married  and  commit  adultery,  homicide  of  spouse,  or 
both  together,  with  a  third  person,  are  made  incapable 
of  marrjdng  that  person  even  after  the  death  of  the 
spouse.^ 

2.  Does  Ignorance  excuse  from  incurring  this  impediment? 
It  probably  excuses  in  the  forum  of  conscience  those 

who  marry  in  ignorance  of  the  impediment;  ignorance 
can  not  be  effectively  pleaded  in  the  external  forum  in 
favor  of  the  validity  of  a  marriage  vitiated  by  this 
impediment. 2 

3.  What  conditions  are  necessary  for  the  impediment 
from  adultery  and  promise  of  marriage? 

The  adultery  must  be  real,  formal,  and  complete.  The 
promise  must  be  real,  accepted  by  the  promisee,  absolute, 
made  with  knowledge  of  the  present  marriage,  and  under- 
taking to  contract  marriage  after  the  death  of  the  other 
spouse.  Both  the  adultery  and  the  promise  must  have 
place  during  the  continuance  of  the  same  marriage. 3 

4.  The  case.  There  was  no  impediment  of  crime 
between  the  parties,  so  that  Paul  might  marry  them  if 
there  were  no  other  obstacle.  The  promise  of  marriage 
had  not  the  requisite  conditions  for  producing  the  imped- 
iment. Titius  promised  Caius  on  his  death-bed  that  he 
would  marry  Caia,  and  then  both  Titius  and  Caia  promised 
him  that  they  would  marry  each  other  after  his  death. 
When  Caius  was  dead,  Titius  and  Caia  promised  marriage 
to  each  other,  but  it  could  not  then  produce  the  impediment 

of  crime. 

'  Manual  of  Moral  Theology,  vol.  ii,  313. 
*  Ibid.,  317. 
3  xbid.,  314. 


23 

A  GOVERNESS'S  MARRIAGE 

TiTius  Catholic-US  apucl  Liverpool  degebat,  sed  saepe 
negotiatioriis  causa  Dublinum  petebat  ubi  familiaritatem 
contraxit  cum  Caia  Catholica  magistra  in  familia  privata 
(vulgo  governess).  Interdiu  muneri  incumbebat  Caia 
in  parochia  Sancti  Andrese,  ubi  familia  cui  inserviebat 
residebat,  vespere  vero  ad  domum  paternam  in  parochia 
Sanctae  Agatha?  redibat.  Sponsalibus  inter  eos  initis, 
matrimonium  fuit  in  Ecclesia  S.  Andrese  celebratum, 
ac  postea  cum  uxore  Titius  domum  Anglicam  est  reversus. 
Quibus  auditis  missionarius  quidam  sacerdos  in  Anglia 
dubitabat  utrum  Titius  valido  matrimonio  asset  con- 
junctus.     Unde  quajritur: 

1.  Num  decretum  Tametsiin  Hibeniia  sit  promulgatum, 
et  quosnam  ibi  obliget? 

2.  Quid  decreto  Tametsi  statuatur? 

3.  Quid  sanxerit  decretum  S.  C.  C.  Ne  temere,  2  Aug. 
1907? 

4.  Quid  ad  casum? 

Solution 

1.  Was  the  Tridentine  decree  Tametsi  published  in 
Ireland,  and  whom  did  it  bind? 

The  decree  Tametsi  was  extended  to  the  whole  of  Ireland 
2  Dec,  1827,  and  bound  all  Catholics.  Mixed  marriages 
and  marriages  between  Protestants  did  not  come  under  it. 

2.  "\Miat  is  laid  down  by  the  decree  Tametsi? 

301 


302  CASES  OF  CONSCIENCE 

In  order  to  prevent  clandestine  marriages  the  decree 
Tametsi  prescribed  the  pubhcation  of  banns,  and  the  cele- 
bration of  marriage  in  presence  of  the  proper  parish  priest 
of  one  of  the  parties  or  his  delegate  and  two  witnesses. 
Marriages  not  contracted  before  tlie  parish  priest  and  two 
witnesses  were  declared  null  and  void.  This  decree  did 
not  bind  in  parishes  where  it  had  never  been  published. 

3.  ^^^lat  did  tlie  decree  Ne  temere  prescribe? 

By  this  decree  clandestine  marriages,  or  marriages  not 
contracted  in  presence  of  the  parish  priest  or  the  ordinary 
of  the  place  or  a  priest  delegated  by  either  of  these  and 
two  witnesses,  were  made  null  and  void.  This  decree 
came  into  force  19th  April,  1908,  and  binds  all  Catholics 
throughout  the  Western  Church.  In  the  German  Empire 
mixed  marriages  are  exempt  from  this  decree  if  the  parties 
were  born  and  marry  therein. ^ 

4.  The  case.  Both  Titius  and  Caia  were  Catholics  and 
so  in  Dublin  their  marriage  was  subject  to  the  decree 
Tametsi  if  it  was  contracted  before  19th  April,  1908. 
Caia  had  neither  domicile  nor  quasi-domicile  in  the  parish 
of  St.  Andrew,  where  the  marriage  took  place.  She  merely 
was  occupied  there  during  the  day.  The  parish  priest 
of  St.  Andrew's  was  not  the  proper  parish  priest  of  either 
of  the  parties  and  the  marriage  was  null  and  void. 

If  the  marriage  was  contracted  after  19th  April,  1908, 
it  would  be  valid,  as  it  was  contracted  before  the  parish 
priest  of  the  place,  but  it  was  unlawful,  because  he  was 
not  the  parish  priest  of  the  bride,  nor  had  he  his  leave. 
He  has  therefore  no  right  to  the  marriage  fees,  and  he 
must  remit  them  to  the  parish  priest  of  the  bride  according 
to  the  decree  Ne  temere. 

'  Manual  of  Moral  Theology,  vol.  ii,  332. 


24 

MARRIAGE  BEFORE  THE  REGISTRAR 

Patricius  Dubliiii  incola  sponsalibus  cum  Birgitta 
acatholica  initis,  petiit  a  parocho  ut  dispensatione  obtenta 
matrimonium  celebraret.  Qui  tamen  negavit  se  quidquam 
in  casu  facturum.  Quum  Patricius  audiret  sacerdotes 
in  Anglia  mitiores  se  gerere  quoad  matrimonia  mixta,  ipse 
cum  sponsa  ad  locum  peregrinationis  in  Anglia  celebrem 
pergit,  et  missionarium  ibidem  curam  animarum  cxercen- 
tem  rogat  ut  matrimonium  celebret.  Missionarius  vero 
dubitat  utrum  quidquam  pro  Patricio  facere  valeat  et 
dum  tem])us  tcrit  Patricius  matrimonium  coram  officiali 
civili  contrahit.     Unde  quaeritur: 

1.  Quid  sit  matrimonium  contrahere  "  in  fraudem  legis"? 

2.  Quid  sit  impedimentum  clandestinitatis  et  num  obliget 
in  Anglia,  Hibernia,  Belgio,  Gallia? 

3.  Quid  faciendum  esset  a  missionario  in  casu  si  judicaret 
matrimonium  esse  celebrandum? 

4.  Quid  de  validitate  matrimonii  in  casu? 

SOLUTIOX 

1.  WTiat  is  the  meaning  of  contracting  marriage  ''  in 
fraud  of  the  law?" 

Theologians  are  not  agreed  on  the  j)recise  meaning  of 
the  phi'ase  which  occurs  in  the  celebrated  decree  of  Urban 

303 


304  CASES  OF  CONSCIENCE 

VIII  issued  Aug.  14,  1627.  Some  hold  that  only  those 
who  depart  from  their  parish  with  the  principal  intention 
of  contracting  marriage  otherwise  than  before  their  parish 
priest,  act  in  fraud  of  the  law.  Others  maintain  that  the 
mere  fact  of  contracting  marriage  otherwise  than  before 
the  parish  priest  defrauds  him  of  his  rights,  and  so  is  in 
fraud  of  the  law  which  wishes  to  safeguard  them.^ 

2.  What  is  the  impediment  of  clandestinity,  and  does 
it  bind  in  England,  Ireland,  Belgium,  and  France? 

Clandestinity  is  the  celebration  of  marriage  otherwise 
than  in  the  form  prescribed  by  the  Church.  Clandestine 
marriages  were  always  held  to  be  unlawful  by  the  Church. 
The  Council  of  Trent  made  marriage  contracted  other- 
wise than  before  the  proper  parish  priest  of  one  of  the 
parties  or  his  delegate,  invalid  in  places  where  the  decree 
was  published.  It  was  published  for  all  baptized  persons 
in  Belgium  and  France,  for  Catholics  in  Ireland,  but  it 
was  never  published  in  England.  The  decree  Ne  temere, 
Aug.  2,  1907,  binds  Catholics  throughout  the  Western 
Church,  and  annuls  marriage  contracted  otherwise  than 
before  the  parish  priest  of  the  place. 

3.  Wliat  should  the  missioner  in  the  case  have  done 
if  he  judged  that  the  parties  were  to  be  married? 

He  could  validly  and.  lawfully  have  assisted  at  the 
marriage  if  he  had  procured  delegation  for  himself  from 
the  ordinary  or  parish  priest  of  one  of  the  parties.  Other- 
wise one  of  them  would  have  had  to  make  himself  his 
subject  by  acquiring  a  domicile  or  at  least  a  quasi-domicile 
in  his  parish. 

4.  AVhat  about  the  validity  of  the  marriage  in  the 
case? 

1  Gasparri,  De  Matrim.,  vol.  ii,  985. 


MARRIAGE  BEFORE   THE   REdlHTRAR  305 

If  the  marriage  was  celebrated  before  April  19,  1908, 
it  was  unlawful  but  valid  if  we  presume  that  Bridget  was 
baptized.  For  Bridget  was  not  .subject  to  the  decree 
Tamelsi  in  Ireland,  and  might  have  contracted  a  valid 
though  clandestine  marriage  with  Patrick  there.  She 
kept  her  freedom  when  she  came  to  England  where  the 
decree  was  never  published. 

If  the  marriage  was  celebrated  after  April  19,  1908, 
it  was  invalid  by  the  terms  of  the  decree  Ne  iemere. 


25 

A   NOTABLE   CASE 

Henrietta  filia  Caia?  natione  Galla3  (|iia)  domicilium 
Lonclini  pro  toto  tempore  ad  quod  casus  se  extendit  re- 
tinuit,  cducationis  causa  degebat  in  conventu  quodam 
monialium  Parisiis.  Quam  ihi  peregrinus  Germanicus 
adamans  pctiit  in  matrimonium.  Cui  Henrietta  matri- 
monium  promisit,  et  statim  post  educationem  finitam 
reliquit  conventum  et  donee  matrimonium  post  aliquot 
hebdomadas  celebraii  potiiit  cubicaila  in  quodam  diversorio 
cum  matre  quae  propterea  ex  Londino  venerat  habitabat, 
et  tandem  coram  parocho  ejusdem  loci  matrimonium  fuit 
celebratum.  Infelix  tamen  fuit  eventus,  nam  propter 
adulteria  et  crudelitatem  viri  divortium  a  vinculo  in  curia 
civili  petiit  et  obtinuit.  Nunc  vero  Henrietta  vellet 
Julio  nubere  si  per  leges  ecclesiasticas  id  ei  permittatur. 
Unde  qua^ritm*: 

1.  Quid  sit  impedimentum  clandestinitatis  et  quosnam 
obliget  in  Anglia  et  in  Gallia? 

2.  Quinam  sit  parochus  proprius? 

3.  Quid  requiratur  ad  domicilium  et  quasi-domicilium, 
et  ubinam  habeant  domicilium  vel  quasi-domicilium  filise- 
familias? 

4.  Quid  ad  casum? 


306 


A  NOTABLE  CASE  307 

Solution 

The  first  question  is  answered  above,  p.  304. 

2.  Who  is  (lie  "  proper  parish  priest  "  of  llie  Tridentine 
law  of  clandostinity? 

He  is  tlic  priest  in  whose  parish  at  least  one  of  the  parties 
who  wish  to  be  married  has  a  domicile  or  quasi -domicile.  ^ 

3.  AMiat  is  required  for  a  domicile  or  quasi-domicile 
and  where  have  minors  a  domicile  or  quasi-domicile? 

A  domicile  is  acquired  by  living  in  a  place  with  the 
intention  of  always  living  there;  a  quasi-domicile  is  acquired 
by  living  in  a  place  with  the  intention  of  living  there  for 
the  greater  part  of  a  yeai\  Minors  retain  the  domicile 
of  their  parents  or  guardians  as  long  as  they  do  not  re- 
nounce it.  They  can  also  acquire  a  quasi-domicile  of 
their  own. 2 

4.  The  case.  The  parents  of  Henrietta  lived  in  London, 
while  she  was  educated  in  a  convent  in  Paris.  There 
she  promised  to  marry  a  German  stranger.  After  her 
education  was  finished  Henrietta  moved  with  her  mother 
into  a  hotel  situated  in  another  of  the  parishes  of  Paris, 
and  after  some  weeks  she  mari-ied  in  presence  of  the  parish 
priest  of  this  parish.  The  marriage  was  invalid  if  cele- 
brated before  April  19,  190S.  Henrietta  had  neither  a 
domicile  nor  a  quasi-domicile  in  the  parish  where  she 
married.  She  retained  her  London  domicile.  She  was 
not  a  va^a,  nor  was  her  husband;  therefore  as  the  decree 
Tametsi  bound  her  in  Paris,  she  required  the  presence  of 
her  own  parish  priest  in  London  or  of  his  delegate  in  order 
to  contract  a  valid  marriage  in  Paris.     This  was  not  done, 

'  Manual  of  Moral  Theology,  vol.  ii,  326. 
2  Ibid.,  326  ff. 


308  CASES  OF  CONSCIENCE 

and  so  the  marriage  was  invalid.  In  substance  the  case 
is  that  In  causa  Parisien  (Jan.  28,  1899,  Analecta  Eccles., 
1899,  p.  15). 

The   marriage   would   be   valid   if   it   were   contracted 
after  April  19,  1908,  by   viriue  of   the  decree  A^'e  temere. 


26 
GENERAL  LEAVE  OF  PARISH  PRIEST 

Ursula  Dublino  orta  iibi  pater  domicilium  habebat, 
iter  cum  matre  in  Gallia  faciebat.  Dum  per  aliquot 
menses  Parisiis  manebat  nuptiae  ei  offerebantur  a  Caio  qui 
ibidem  habitabat,  quas  sine  mora  Ursula  cum  matris 
consensu  acceptabat.  Consensus  parentum  Caii  erat 
rogandus  non  tantum  ob  debitam  observantiam  sed  etiam 
quia  ex  praescripto  legis  civilis  matrimonium  sine  consensu 
parentum  contractum  nullius  esset  effectus.  Qui  tamen 
consensum  prorsus  negabant.  Caius  adiit  parochum  et 
ex  eo  quod  parentes  injusto  consensum  negarent,  ei  per- 
suadere  nitebatur  ut  nihilominus  ad  matrimonium  se 
admitteret.  Parochus  recusabat,  simul  tamen  dicebat 
se  licentiam  libenter  dare  ut  coram  quolibet  sacerdote 
quocumque  loco  matrimonium  contraherct.  De  aliis 
mediis  dcsperantes  Caius  et  Ursula  Londinum  petierunt 
et  ibidem  rogarunt  Robertum  qui  curam  habebat  ecclesiae 
quasi-parochialis  ut  suo  matrimonio  benediceret.  Unde 
quseritur: 

1.  Qua3  sint  matrimonia  clandcstina  et  (jua  lege  pro- 
hibeantur? 

2.  Qualis  potestas  circa  matrimonia  Christianorum 
competat  civili  potestati? 

3.  Quid  ad  casum? 


309 


310  CASES  OF  CONSCIENCE 


Solution 


The  first  question  was  answered  above,  p.  302-304. 

2.  ^^llat  power  over  Christian  marriage  has  the  civil 
authority? 

Leo  XIII  answers  this  question  in  his  EncycHcal  letter 
Arcanum,  Feb.  10,  1880:  ''As  then  marriage  is  holy  by 
its  own  power,  in  its  own  nature,  and  of  itself,  it  ought 
not  to  be  regulated  and  administered  by  the  will  of  civil 
rulers,  but  by  the  divine  authority  of  the  Church,  which 
alone  in  sacred  matters  professes  the  office  of  teaching. 
Next,  the  dignity  of  the  sacrament  must  be  considered, 
for  through  addition  of  the  sacrament  the  marriages  of 
Christians  have  become  far  the  noblest  of  all  matrimonial 
unions.  But  to  decree  and  ordain  concerning  a  sacrament 
is,  by  the  will  of  Christ  Himself,  so  much  a  part  of  the  power 
and  duty  of  the  Church  that  it  is  plainly  absurd  to  main- 
tain that  even  the  very  smallest  fraction  of  such  power 
has  been  transferred  to  the  ci\al  ruler."  Therefore  the 
civil  authority  has  no  power  over  the  marriages  of  Chris- 
tians; it  can  not  make  diriment  or  prohibitory  impediments 
of  marriage,  but  it  can  by  its  laws  regulate  the  civil  effects 
of  marriage,  such  as  the  right  of  succession  to  property, 
titles,  and  offices,  the  property  rights  of  married  women, 
and  similar  matters.^ 

3.  The  case.  The  parties  would  not  altogether  escape 
from  the  jurisdiction  of  French  civil  law  by  coming  to 
England.  For  the  Marriage  with  Foreigners  Act,  1906, 
was  intended  to  secure  as  far  as  possible  that  such  marriages 
shall  not  be   celebrated  if  any  legal  impediment  exists 

*  Gasparri,  De  Matriraonio,  vol.  i,  278. 


GENERAL   LEAVE  OF   PARISH    I'R/EST  311 

according  to  the  law  of  eitlier  country.'  However,  we 
may  consider  the  case  purely  from  the  point  of  view  of 
the  law  of  the  Church.  The  fact  that  the  parish  priest 
of  Caius  gave  his  permission  for  (lie  marriage  to  take 
place  before  any  priest,  indicates  that  tlie  parents  unreason- 
ably refused  their  consent  to  the  marriage.  Such  a  gen- 
eral delegation,  though  illicit,  was  not  invalid  before  the 
decree  Ne  temere  came  into  force.  Therefore,  if  the 
case  happened  before  April  19,  190S,  after  satisfying 
himself  about  the  freedom  of  the  parties  to  marry  and  the 
reality  of  his  delegation,  Robert  might  have  published 
the  banns  and  undertaken  to  assist  at  the  man-iage  in 
due  time.  According  to  A^e  temere,  as  he  is  the  parish 
priest  of  the  place,  and  he  has  the  leave  of  the  parish  priest 
of  the  ]:)ridegroom,  he  will  be  able  to  assist  at  the  marriage 
vahdly  and  lawfully  when  he  has  satisfied  himself  that  the 
parties  are  free  to  marry. 

*  Stephen's  Commentaries,  vol.  ii,  3(31,  loth  edition. 


27 

REQUISITES  FOR  MARRIAGE 

TiTius  ct  Caia  Catholici  sponsalia  rite  contraxerant  et 
intra  aliquot  hebdomadas  matrimomum  inire  volebant. 
Titius  annos  viginti  duos  natus  inter  socios  cujusdam 
theatri  qui  de  loco  in  locum  vagabantur  recensebatur,  nee 
ultra  mensem  in  uno  loco  commorari  solebat.  Per  mensem 
fere  singulis  annis  domum  paternam  in  Scotia  existentem 
revertebatur  Titius,  alias  semper  cum  sociis  vagabundus. 
Caia  cum  parentibus  Mancunii  degebat.  Titius  ad  tres 
hebdomadas  sedem  apud  civitatem  Liverpolitanam  fixit, 
ubi  ad  Lucium  sacerdotem  accessit  et  circumstantiis 
prsedictis  recensitis  qua^sivit  ab  eo  ubinam  matrimonium 
celebrare  posset,  et  quid  praevie  juxta  leges  ecclesiastieas 
et  civiles  esset  faciendum.     Unde  quseritur: 

1.  Ubinam  sit  matrimomum  celebrandum? 

2.  Quomodo  acquiratur  et  amittatur  domicilium  vel 
quasi-domicilium? 

3.  Ubinam  habeant  domicilium  filiifamilas? 

4.  Quid  ad  casum? 

Solution 

1.  AVhere  should  marriage  be  celebrated? 

Marriage  should  be  celebrated  in  the  Church,  and  accord- 
ing to  the  decree  Tametsi  of  the  Council  of  Trent  (XXIV 
c.  1,  De  Ref.  Matrim.)  in  parishes  where  this  decree  had 

;312 


UKQilSlTKS    I'Vli   MARIUAGE  313 

been  published  the  presence  of  the  proper  parish  priest 
of  one  of  the  parties  and  two  witnesses  were  necessary 
contlitions  of  validity.  According  to  the  decree  Ne 
ternere,  which  came  into  force  Aj)ril  19,  1908,  marriage 
will  be  valid  if  it  is  celebrated  before  the  parish  priest 
of  the  place;  for  its  lawfulness  it  should  be  celebrated 
before  the  parish  priest  of  the  bride;  or  by  his  permis- 
sion, or  that  of  the  parish  priest  of  the  other  party,  or  of 
the  ordinary,  it  may  take  place  before  another  priest. 
A  parish  priest  acquires  jm'isdiction  for  the  purpose  of 
marriage  if  one  of  the  parties  has  a  domicile  in  his  parish 
or  has  lived  there  for  a  month. 

2.  How  is  a  domicile  or  (luasi-doinicile  acquired  and 
lost? 

We  saw  above,  p.  307  how  they  are  acquired.  They 
are  lost  when  the  two  conditions  which  are  necessary  for 
their  acquirement  cease  to  exist— Omnis  res  per  quascum- 
que  causas  nascitur  per  easdem  dissolvitur  (C.  1,  De 
Reg.  Juris.). 

The  third  question  was  answered  above,  p.  307. 

4.  The  case.  Titius  retained  his  parental  domicile 
in  Scotland,  and  so,  according  to  the  Tridentine  law,  the 
marriage  might  have  taken  place  before  the  parish  priest 
of  either  of  the  parties,  or  before  any  other  priest  who  had 
been  delegated  by  either  of  them.  According  to  the 
decree  Ne  temere,  it  should  take  place  at  Manchester 
before  the  parish  priest  of  llie  bi-ide.  For  good  reason, 
it  might  be  celebrated  in  Scotland  before  the  parish  priest 
of  the  bridegroom,  or  before  any  priest  in  whose  parish 
Titius  had  lived  for  a  month.  The  parish  priest  of  either 
party,  or  their  ordinaries,  might  give  leave  to  any  other 
priest  to  marry   tliein  in   his   parisli.     The   banns  should 


314  CASES  OF  CONSCIENCE 

h(>  published  in  the  parish  churches  of  both  parties,  and 
whoever  marries  them  should  have  evidence  of  their 
freedom  to  marry.  The  requirements  of  the  civil  law 
must  also  be  complied  with.  For  those  in  force  in  Eng- 
land, see  "  The  New  Marriage  Laws,"  by  Rev.  T.  Slater, 
p.  9,  C.  T.  S. 


28 
SUBJECTS  OF  THE  LAW  OF  CLAXDESTINITY 

Caius  et  Caia  Anglicani  et  matrimonio  ab  anno  juncti 
petunt  ut  in  gremium  vera3  EcclesiiE  recipiantur  a  Paulo 
loci  parocho.  Paulus  eosdem  invenit  esse  optime  in 
fide  Catholica  instructos,  Caiam  quidem  catholice  bap- 
tisatam  sed  ob  mortem  matris  Catholicse  ab  infantia  a 
patre  edueatam  in  religione  anglicana,  et  qiiam\'is  sint 
consobrini  nihil  de  validitate  sui  matrimonii  dubitare. 
Ipse  porro  rogat  quid  a  se  sit  faciendum  ut  tamquam  con- 
juges  catholici    in  ecclesia  permaneant.     Unde  quaeritur: 

1.  Quomodo  procedendum  in  adultis  in  Ecclesiam 
recipiendis? 

2.  Num  hseretici  subdantur  legibus  Ecclesise  praesertim 
matrimonialibus? 

3.  Quid  ad  casum? 

Solution 

The  first  question  was  answered  above,  p.  287,  and  the 
second,  p.  280. 

3.  The  case.  The  marriage  of  Caius  and  Caia  was  invalid 
on  account  of  the  impediments  of  clandestinity  and 
consanguinity  in  the  second  degree  in  the  collateral  line. 
For  the  decree  Ne  temere  binds  all  persons  baptized  in 
the  Catholic  Church,  even  when  they  contract  marriage 
with  non-Catholics,  and  Caia  was  baptized  in  the  Cathohc 

315 


316  CASES  OF  CONSCIENCE 

Church.  Paul  therefore  should  ask  the  bishop  for  a  dis- 
pensation from  consanguinity  in  the  second  degree  in  the 
collateral  hne,  and  in  the  meantime  leave  the  couple  in 
good  faith.  "WTien  he  has  received  the  dispensation, 
if  there  is  no  good  reason  to  the  contrary  he  should  tell 
them  of  the  impediment  and  at  once  marry  them  in  presence 
of  two  witnesses  after  he  has  received  them  into  the  Church. 


29 

THE  xMOXTH'S  STAY  OF   NE  TEMERE 

Paulus  anglicanus  petiit  in  matrimonium  Agnetem 
Catholicam  a  qua  erat  etiam  acceptus.  (^uum  autem 
episcopus  dispensationem  ad  mixtum  matrimonium  ineun- 
dum  concedere  nollet,  Agnes  ad  Titium  paroclium  con- 
volabat  consilium  in  angustiis  petitura.  Titius  vero 
consuluit  ut  uterque  vel  saltern  unus  ad  mensem  aedes 
conduceret  in  alia  dioecesi  cujus  episcopus  erat  facilior 
in  dispensando  ab  isto  impedimento.  Paulus  igitur 
aedes  conduxit  in  parochia  Caii  alterius  dicEcesis  presbyteri 
in  quibus  quindecim  noctibus  pernoctabat  ac  tunc  petiit 
dispensationem  ut  post  banna  proclamata  matrimonium 
ibidem  celebraretiu".  Caius  vero  dubitabat  utrum  licite 
illud  fieri  posset  necne.     Unde  quaeritur: 

1.  Quomodo  aliquis  fiat  subditus  episcopi  ut  ab  hoc 
ejus  causae  matrimoniales  tractentur? 

2.  Ubinam  banna  sint  proclamanda? 

3.  Qualis  debeat  esse  commoratio  menstrua  ut  licite 
coram  parocho  loci  matrimonium  celebretur? 

4.  Quid  ad  casum? 

Solution 

1.  How  does  any  one  become  subject  to  a  bishop  so 
that  his  marriage  cases  are  to  be  tried  by  liim? 

For  validity  it  is  only  necessary  that  marriage  should 
be  contracted  \rithin  the  jiunsdiction  of  the  bishop  and  in 

317 


318  CASES  OF  CONSCIENCE 

his  presence  or  in  that  of  his  delegate  and  two  witnesses. 
That  marriage  may  be  lawfully  contracted  one  of  the  par- 
ties must  have  a  domicile  in  the  diocese  or  must  have 
lived  there  for  a  month. 

2.  Wrhere  must  banns  be  published? 

In  the  parish  chui'ch  or  churches  of  the  parties,  and 
in  case  of  those  who  have  recently  come  from  another 
parish,  in  that  parish  as  well.^ 

If  marriage  is  contracted  in  a  place  where  one  of  the 
parties  has  dwelt  for  a  month,  according  to  the  decree 
Ne  temere  the  banns  should  be  published  there,  according 
to  the  more  probable  opinion. 

3.  AMiat  sort  of  month's  stay  in  a  place  is  required  by 
the  decree  Ne  temere? 

A  full  month  of  thirty  days  or  a  calendar  month,  so 
that  one  at  least  of  the  parties  lives  in  the  place  and  has 
lived  there  uninterruptedly  for  that  period.  Absence 
for  a  few  houi's,  or  during  the  day  time,  would  not  interfere 
with  the  month's  stay.^ 

4.  The  case.  The  doubt  of  Caius  was  well  founded. 
Paul  is  not  a  Catholic,  and  the  Church  does  not  give  dis- 
pensations to  non-Catholics  directly.  Besides,  Paul  has 
only  lived  in  Caius'  parish  for  fifteen  days,  and  thirty  days 
are  required  before  a  bishop  can  treat  a  person  as  his 
subject  for  the  purposes  of  marriage.  Agnes  would  be 
acting  within  her  rights  if  she  went  to  another  diocese, 
lived  there  for  thirty  days,  and  then  asked  for  a  dispensa- 
tion. Titius,  therefore,  might  lawfully  have  suggested 
this  course  to  her. 

1  Manual  of  Moral  Theology,  vol.  ii,  265. 

2  Vermeersch,  Ne  temere,  n.  58. 


30 

MIXED  MARRIAGE 

Maria  Catholica  Episoopi  disponsatione  obtenta  ab 
impedimcnto  mixta?  religionis  Titio  anglicano  nupsit. 
Post  matrimonium  contractum  Titius  nonobstantibus 
promissis  i)r()liihiiit  quominiis  unquam  Maria  ecclcsiam 
Catholicam  iutraret  et  crudelitcr  earn  tractare  inccepit, 
imtle  Maria  ad  domum  paternain  rediit  ubi  a  Paulo  \iro 
Catholico  in  uxorem  nunc  pctitui'.  Mariae  parochus  qui 
dispensationem  ab  impedimento  mixtae  religionis  pro 
Maria  obtinuit,  postea  certo  detexit  Titium  nunquam 
fuisse  baptisatum,  unde  quserit  utrum  Maria  sit  adhuc 
libera  ita  ut  Catholicum  et  felicius  matrimonium  inire 
queat.     Unde  qua^ritur: 

1.  Quo  jure  statuantur  impedimenta  mixtai  religionis 
et  disparitatis  cultus? 

2.  Quomodo  intelligendum  effatum — Baptismus  dubius 
censetur  validus  in  ordine  ad  matrimonium? 

3.  Num  liceat  privata  auctoritate  divortium  semiplenum 
institucre? 

4.  Quid  ad  casum? 

Solution 

1.  By  what  law  are  the  impediments  of  mixed  marriage 
and  difference  of  religion  established? 

Marriages    between    Catholics    and    non-Catholics    are 

319 


320  CASES  OF  CONSCIENCE 

forbidden  by  natural,  divine,  and  ecclesiastical  law;  if 
the  non-Catholic  party  is  not  baptized,  the  impediment 
is  diriment  by  custom  having  the  force  of  universal  law.i 

2.  How  is  the  rule  to  be  understood  about  doubtful 
Baptism  and  marriage. 

Theologians  are  not  agreed.  Lehmkuhl  holds  that 
where  the  Church's  authority  has  intervened  in  such  a 
case,  the  words  are  to  be  taken  quite  literally,  and  that 
the  impediment  is  removed  if  it  existed  on  account  of  the 
non-Baptism  of  one  of  the  parties.^  Wernz,  Genicot, 
and  othere  hold  that  the  rule  rests  on  presumptions, 
so  that  if  the  truth  afterwards  becomes  certain,  the  pre- 
sumption ceases.3 

3.  Is  separation  by  private  authority  a  tow  et  tnensa 
allowed? 

Yes,  by  mutual  consent  for  the  purpose  of  leading  a 
more  perfect  life  and  wlien  there  is  no  danger  of  incon- 
tinence. The  innocent  party  may  separate  from  the  other 
by  private  authority  if  that  other  has  been  guilty  of 
certain  and  notorious  adultery,  as  also  for  a  time  on 
account  of  serious  danger  to  soul  or  body.-* 

4.  The  case.  The  dispensation  for  a  mixed  marriage 
in  all  probability  did  not  remove  the  impediment  of  dif- 
ference of  religion  which  really  existed  between  the  parties. 
Indeed  the  bishops  in  England  as  a  rule  have  not  authority 
to  dispense  from  the  diriment  impediment  of  difference 
of  religion,  though  they  can  dispense  in  a  mixed  marriage. 
Hence,  according  to  the  better  opinion,  Mary's  marriage 

>  Manual  of  Moral  Theology,  vol.  ii,  308  ff. 

2  Theol.  Moral.,  vol.  ii,  985. 

3  Manual  of  Moral  Theology,  vol.  ii,  313. 
*  Ibid.,  281. 


MIXED  MARRIAGE  321 

Tv-ifh  Titiiis  was  null  and  void.  However,  the  parish 
priest  may  not  on  his  own  authority  allow  her  to  marry 
Paul.  Both  ecclesiastical  and  civil  law  stand  in  the  way. 
He  should  collect  all  the  evidence  that  he  can,  submit 
it  to  the  bishop,  and  then  await  the  result. 


31 

IMPEDIMENT    DISPENSED 

TiTio  missionario  sacerdoti  fuerunt  duo  parochiani 
in  secundo  mixto  cum  tertio  gradu  consanguinei  qui 
sponsalibus  initis  et  prole  illegitima  suscepta  contrahere 
matrimonium  voluerunt.  Titius  dicebat  se  dispensa- 
tionem  ob  prolem  legitimandam  et  ob  angustiam  loci 
petiturum,  quam  mox  ab  Episcopo  obtinuit.  Proxima 
dominica  in  ecclesia  banna  fuerunt  proclamata  et  tandem 
matrimonium  fuit  contractum,  non  tamen  ante  mortem 
prolis  nee  ulla  fuit  mentio  sponsis  facta  de  dispensatione 
obtenta.  Quibus  auditis  Paulus  alius  missionarius  de 
validitate  matrimonii  dubitare  incoepit.     Unde  quaeritur: 

1.  Num  et  qualis  causa  dispensationis  matrimonialis 
admittatur? 

2.  Quibusnam  angustia  loci  sit  causa  canonica? 

3.  Quomodo  sit  dispensatio  matrimonialis  fulminanda? 

4.  Quid  ad  casum? 

Solution 

1.  Are  causes  for  dispensation  admitted  in  matrimonial 
impediments  and  what  sort? 

Not,  of  course,  for  impediments  of  natural  or  divine 
law,  nor  for  all  impediments  of  ecclesiastical  law,  but  the 
Church  does  admit  causes  for  dispensation  from  the  re- 
moter degrees  of  consanguinity  and  affinity,  public  honesty, 

322 


IMPEDIMENT  DISPENSED  323 

spiritual  relationship,  occult  crime,  etc.  Canonical  causes 
are  required  for  dispensations,  such  as:  smallness  of  the 
place,  advancing  age  of  the  woman,  deficiency  or  absence 
of  dowry,  etc.,  as  put  down  in  the  Instruction  of  Propaganda 
May  9,  1877.i 

2.  For  whom  does  smallness  of  place  serve  as  a  canonical 
cause? 

For  the  female  petitioner  alone,  as  a  general  rule.- 

3.  How  is  a  matrimonial  dispensation  to  be  executed? 
No  special  form  is  prescribed  for  the  execution  of  a 

dispensation.  In  the  internal  forum  the  priest  should 
carefully  note  and  execute  the  clauses  of  the  rescript, 
and  tell  the  penitent  that  he  is  dispensed.  In  the  external 
forum,  the  bishop  after  the  causes  alleged  for  the  dis- 
pensation and  the  other  particulars  have  been  verified, 
and  the  dispensation  dra\Mi  up  and  signed,  will  either 
execute  the  dispensation  himself  by  calling  the  parties 
before  him,  absolving  them  from  censiu-es,  and  telling 
them  that  they  are  dispensed;  or  he  will  commit  these 
duties  to  the  parish  priest.3 

4.  The  case.  The  impediment  under  which  the  parties 
labored  is  one  of  those  which  are  called  minoris  gracilis, 
and  from  which  bishops  can  usually  dispense  by  special 
faculties  granted  to  them  by  the  Holy  See.  We  presume, 
therefore,  that  the  dispensation  was  granted  by  the 
bishop.  It  took  its  effect  and  removed  the  impediment 
when  the  document  was  signed  by  the  bishop.  At  that 
time  apparently  the  child  was  alive,  so  that  both  causes 
alleged  for  the  dispensation  subsisted  when  it  was  granted, 

'  Manual  of  Moral  Theology,  vol.  ii,  339  ff. 

2  Ibid.,  343. 

'  Gasparri,  De  Matrira.,  vol.  i,  n.  392  seqq. 


324  CASES  OF  CONSCIENCE 

and  although  one  of  them  ceased  before  the  marriage, 
this  fact  did  not  affect  the  validity  of  the  dispensation. 
The  marriage,  therefore,  was  validly  contracted,  although 
the  parish  priest  should  have  executed  the  dispensation 
in  the  manner  described  above. 


32 
A  COMPLICATED  CASE 

Caius  matrimonio  cum  Martha  Dublinii  contracto  post 
paucos  annos  iixore  dorni  relic  ta  Amcricain  petiit.  Paulo 
post  Martha  qxco  amore  capta  Titii  acatholici  et  consan- 
guine! in  tertio  gradu  Caii  cum  eo  luxuriose  versa  ta  est. 
Quum  jam  decern  anni  elapsi  cssent  et  nihil  de  Caio  audivis- 
sent  Titius  valde  urgebat  ut  relicto  Dublinio  Liverpolium 
irent.  Consentit  tandem  mulier  et  ibidem  in  ecclesia 
Protestantica  ad  evitandas  quaestiones  molestas  dc  libero 
eorum  statu,  matrimonium  contraxerunt.  Postea  quum 
sex  annis  in  urbe  commorati  essent  et  liberos  susccpissent, 
audi\dt  Martha  a  pluribus  testibus  mediatis  quidem  at 
fide  dignis  Caium  in  America  obiisse.  Tempore  missionis 
dolore  correpta  miserrima  ad  Joannem  confessarium 
accedit.  Audit  ipse  historiam  Marthae  et  testimoniis  pro 
morte  Caii  bene  perpensis  judicat  nihil  obstare  quominus 
obtentis  dispensationibus  matrimonium  cum  Titio  ineat. 
Quocirca  ad  rem  componendam  Htteras  episcopo  scribit, 
de  Titio  et  Martha  concubinariis  narrat,  pro  dispensation- 
ibus reciuisitis  supplicat,  nihil  tamen  innucns  de  Caio 
forte  supcretite  nee  de  matrimonio  mala  fide  jam  attentato. 
Unde  quaeritur: 

1.  Dubio  cxorto  de  impedimento  ligaminis  cuinam 
incumbat  judicare  de  statu  libero  eorum  (jui  matrimo- 
nium contracturi  sint? 

325 


326  CASES  OF  COXSCIENCE 

2.  Quaenam  dispensationes  requirantur  et  qusenam 
circumstantiae  explicari  debeant  in  casu  pro  validitate 
dispensationum? 

3.  Quid  dicendum  de  modo  agendi  Joannis? 

Solution 

The  first  question  was  answered  above,  p.  273. 

2.  WTiat  dispensations  are  required  and  what  circum- 
stances must  be  explained  in  tlie  case  for  the  vaUdity  of 
the  dispensations? 

Titius  was  not  a  CathoHc,  and  he  was  related  in  the  third 
degree  of  consanguinity  to  Caius,  the  firet  husband  of 
Martha.  Moreover,  as  there  was  adultery  and  attempted 
marriage  by  the  parties,  there  exists  between  them  the 
impediment  of  crime.  Dispensations,  therefore,  for  a 
mixed  marriage,  for  affinity  in  the  third  degree,  and  for 
the  crime  of  adultery  with  attempted  marriage  will  be 
required.  Besides,  the  evidence  cited  in  the  case  is  not 
sufficient  to  produce  moral  certainty  of  the  death  of  Caius 
by  itself;  and  at  any  rate  in  such  circumstances  it  is  for 
the  bishop  to  judge  whether  the  party  is  free  or  not;  a 
simple  priest  is  incompetent  in  such  a  case.^ 

The  circumstance  that  marriage  was  attempted  in 
bad  faith  in  the  Protestant  Church  must  be  mentioned  in 
the  petition  for  a  dispensation,  and  this  is  required  for  its 
validity  according  to  the  Instruction  S.  C.  de  P.  F.,  May 
9,  1877. 

3.  The  case.  John  did  very  wrong  and  made  several 
serious  blunders.  He  usurped  the  office  of  the  bishop 
by  deciding  that  the  parties  were  free  to  marry,  though 

1  Genicot,  vol.  ii,  492. 


COMPLICATED  CASE  327 

there  was  not  eonrlusivo  and  first  liand  evidence  of  (he 
death  of  the  first  husl)and  of  Martlia.  lie  made  no 
mention  of  tlie  attempted  marriage  in  bad  faith  and  in  the 
Protestant  Church,  and  from  this  we  may  gather  tliat  he 
failed  to  detect  the  existence  of  the  imj)ediment  of  crime 
between  the  parties.  He  should  take  the  earliest  oppor- 
tunity of  repeating  his  Moral  Theology. 


33 

MARRIED  A  WIDOW  WITH  THREE   CHILDREN 

Ad  pedes  Caii  confessarii  accedens  Balbus  Catholicus 
facta  sequentia  exponit,.  Nunc  annos  triginta  natus  anno 
praecedenti  spretis  legibus  ecclesiae  matrimonium  con- 
traxerat  coram  ministro  Protestantico  cum  Titia  acatholica 
vidua  quadi'agenaria  et  tribus  liberis  onerata  ex  priori 
conjugio.  Nee  fuerunt  ignari  impedimentorum,  nam 
Balbus  erat  consanguineus  Titise  in  tertio  gradu  collaterali 
insequali  mixto  cum  secundo,  et  prseterea  rem  habuerat 
cum  Bertha  sorore  Titise.  Balbus  nunc  poenitens  petit 
a  Caio  ut  dispensationibus  obtentis  rem  componat,  pecca- 
tum  vero  cum  Bertha  Caio  soli  revelasse  affii'mat. 

1.  Quodnam  sit  discrimen  inter  impedimentum  publi- 
cum et  occultum? 

2.  Quaenam  sint  rationes  praecipuae  quas  S.  Sedes  habere 
solet  sufficientes  ad  dispensationes  concedendas? 

3.  Quomodo  possit  dispensatio  invalida  evadere  ob 
subreptionem  vel  obreptionem? 

4.  Quot  dispensationes  sint  requisitse  in  casu;  (lusenam 
causae  possint  a  Caio  allegari;  quid  a  Caio  faciendum? 

Solution 

1.  Wliat  is  the  difference  between  a  public  and  occult 
impediment? 

Public  impediments  are  those  which  of  their  own  nature 
or  in  fact  are  known  to  the  greater  number  of  people  in 

328 


MAURI KJ)   A    WIDOW     WITH    TllliKK  CIIILDREX     320 

the  parish,  and  can  be  |)r()vc(l  l)\'  wiliicsscs;  occult  im- 
pediments are  those  which  can  not  Ik;  proved  by  the 
evidence  of  two  witnesses. 

The  second  (luestion  was  answered  above,  p.  322. 

3.  How  can  a  dispensation  become  invalid  by  subrep- 
tion or  obreption? 

Subreption  is  the  omission  of  what  should  be  mentioned; 
obreption  is  a  false  statement.  Subreption  or  obreption 
in  the  petition  for  a  dispensation  render  it  invalid  if  they 
occur  in  the  motive  cause,  not  if  they  occur  in  the  impulsive 
cause  for  granting  a  dispensation. ^ 

However,  dispensations  minoris  gradus  are  granted  by 
the  S.C.  on  the  disciphne  of  the  Sacraments  ex  motu 
proprio  et  ex  certa  scientia,  and  are  not  invalid  on  account 
of  subreption  or  obreption .^ 

4.  How  many  tUspensations  are  required  in  the  case; 
what  causes  may  be  alleged  by  Caius;  wliat  is  to  be  done 
by  Caius? 

There  is  the  prohibitory  im})ediment  of  mixed  marriage, 
the  public  impediment  of  consanguinity  in  the  third  degi'ee 
mixed  with  the  second  in  the  collateral  line,  and  the  occult 
impediment  of  affinity  ex  copula  illicita  in  the  fii-st  degree 
of  the  collateral  line  on  account  of  the  sin  with  Bertha. 

As  Titia  is  not  a  Catholic  no  account  can  be  taken  of  her 
in  asking  for  a  dispensation.  Putting  a  stop  to  grave 
scandal,  and  open  and  incestuous  concubinage,  may  be 
alleged  as  causes  for  a  dispensation.  The  mamage  in 
bad  faith  before  the  Protestant  minister  should  also 
be  mentioned,  though  it  may  make  the  dispensation 
more   difficult    to   obtain.      Caius   should     first   ask   the 

1  Manual  of  .Moral  TIu'oIokv,  vol.  ii,  342. 

2  NoriiUL'  IVculiares,  Srpl.  2!»,  1908. 


330  CASES  OF  CONSCIENCE 

bishop  for  a  dispensation  for  the  mixed  marriage,  and 
the  impediment  of  consanguinity,  without  mentioning 
the  occult  impediment.  He  should  then  apply  to  the 
Penitentiary  in  Rome  for  a  dispensation  from  the  occult 
impediment,  mentioning  the  other  public  impediments 
in  the  case.i 

1  Gasparri,  De  IMatrim.,  vol.  i,  n.  327. 


34 

WHICH  BISHOP  HAS  JURISDICTION? 

TiTius  Catholicus  qui  degebat  in  vico  qiiodam  clioccesis 
A.  sponsalia  iniit  cum  Bertha  sui  consobriiii  lilia  aeatho- 
lica,  quae  in  parvo  vico  habitabat  dioecesis  B.  Quo  facilius 
sponsam  inviseret  et  ut  loco  ubi  laborabat  esset  propin- 
quior,  ad  tres  menses  ifides  conduxit  Titius  in  vico  Berthse. 
Quuni  fornicationem  commisissent  v.t  matrimonium  esset 
urgendum  ob  expectatam  prolem,  ad  Julium  missionarium 
loci  accessit  Titius  et  petiit  ut  dispensationes  necessarias 
obtineret,  quum  frustra  peteretur  dispensatio  ad  mixtum 
matrimonium  ineundum  in  diccccsi  propria.  Julius  invenit 
Bertham  habere  viginti  sex  annos,  optime  esse  dispositam 
ad  fidem  amplectendam,  nolle  tamen  eam  amplecti  ante 
matrimoniimi  ob  repugnantiam  parentum.     Unde  quaeritur : 

1.  Quajnam  in  genere  sint  in  supplici  Hbello  exprimenda 
quando  dispensatio  matrimonialis  petatur? 

2.  Qusenam  existant  impedimenta  et  qu«nam  causae 
dispensationis  dandae  in  casu  allegari  possint? 

3.  Quid  ad  casum? 

Solution 

1.  Wliat  in  general  must  be  inserted  in  the  petition  for  a 
dispensation? 

The  name  and  surname  of  the  petitioners,  the  diocese 
of  birth  or  domicile,  the  species  and  numl)cr  of  impediments, 

331 


332  CASES  OF  CONSCIENCE 

the  degree  of  consanguinity,  affinity,  etc.,  and  various 
circumstances.^ 

2.  What  impediments  are  there  in  the  case,  and  what 
causes  may  be  alleged  for  the  dispensation? 

The  parties  are  related  in  the  third  degree  of  con- 
sanguinity mixed  with  the  second  in  the  collateral  line, 
and  they  are  of  different  religions,  so  there  are  two  im- 
pediments, consanguinity  and  mixed  religion.  As  Bertha 
is  not  a  Catholic,  no  account  can  be  taken  of  her  when 
asking  for  a  dispensation.  Previous  connection,  pregnancy, 
and  legitimization  of  offspring,  danger  of  a  ci\dl  or  non- 
Catholic  marriage,  may  be  alleged  as  causes  for  the  dis- 
pensation. 

3.  The  case.  If  Titius  has  not  yet  lived  in  the  diocese 
B  for  a  month,  the  bishop  of  that  diocese  has  no  jurisdic- 
tion with  regard  to  his  marriage  or  granting  the  dispensa- 
tion. If  he  has  lived  there  for  a  full  month  he  can  be 
married  there  according  to  the  decree  Ne  temere.  Most 
probably  the  same  bishop  also  obtains  jurisdiction  over 
Titius  by  his  month's  stay  in  the  diocese  so  that  he  can 
grant  dispensations  for  impediments  which  hinder  his 
marriage.  Otherwise  the  bishop  of  diocese  A  will  alone 
be  competent  to  grant  the  requisite  dispensations,  unless 
Titius  is  prepared  to  go  direct  to  the  Holy  See. 2 

'  Manual  of  Moral  Theology,  vol.  ii,  346. 
*  Vermeersch,  A'e  temere,  n.  98  bi.s. 


35 

REVALIDATION  OF  MARRIAGE 

Anna  rcligione  anglicana  per  aliquot  hebdomada.s 
degebat  quodani  loco  ad  quern  valetudinis  causa  multi 
confluere  solcnt.  Ibi  petit  a  Philippo  loci  missionario 
Catholico  ut  in  Ecclesiam  recipiatur.  Philippus  invenit 
earn  optime  instructam  et  bene  dispositam  et  nihil  videri 
obstare  quominus  statim  in  Ecclesiam  recipiatur.  Atta- 
men  invenit  cam  matrimonio  esse  conjunctam  cum  con- 
sobrino  pariter  anglicano  (]ui  putat  matrimonium  esse 
validum  et  nullatenus  consentiret  iterum  publice  vcl 
privatim  renovare  consensum.     Unde  quceritur: 

1.  Quinam  subjiciantm-  legibus  Ecclesiae  matrimoniali- 
bus?     Num  hffiretici? 

2.  Num  ignorantia  vol  incomnuxlum  grave  ab  imped- 
imento  dirimente  matrimonii  excuset? 

3.  Ad  quem  sacerdotem  spcctet  tractare  causas  ma- 
trimonialos? 

4.  (^uid  a  Philippo  faciendum? 

Solution 

Tlie  first  question  was  answered  above,  p.  292. 
2.  Does  ignorance  or  grave  inconvenience  excuse  from 
a  diriment  imi)ediment  of  marriage? 

Neither  ignorance  nor  a  gi-ave   inconvenience,  affecting 

333 


334  CASES  OF  CONSCIENCE 

indi\iduals   only,   excuses   from   Ji   diriment  impediment. 
A  grave  inconvenience  of  a  public  nature  does  excuse.^ 

3.  To  whose  office  does  it  belong  to  treat  of  marriage 
cases? 

Marriage  is  a  parochial  sacrament  and  it  belongs  to  the 
parish  priest  to  treat  of  anything  concerning  it.  Where 
there  are  several  priests  who  have  the  cure  of  souls  in  one 
parish,  it  belongs  to  the  head  priest  to  treat  of  marriage 
cases,  but  with  due  dependence  on  him  the  othere  may 
also  undertake  them. 

4.  The  case.  Ann's  marriage  with  her  cousin  was 
invalid  on  account  of  the  diriment  impediment  of  con- 
sanguinity in  the  second  degree  of  the  collateral  line. 
It  is  of  its  own  nature  a  public  impediment,  and  if  Ann 
does  not  know  of  it  now,  she  may  find  it  out  at  any  time. 
To  prevent  future  difficulties  it  should  be  revalidated,  and 
also  because  if  the  parties  are  in  good  faith,  even  mate- 
rial sins  should  be  prevented  as  far  as  possible.  Philip 
therefore  should  write  to  the  bishop  of  the  diocese  in 
which  Ann  is  staying,  if  she  has  been  there  for  at  least  a 
month,  and  where  she  mil  be  received  into  the  Church, 
and  ask  liim  to  grant  a  dispensation  for  revahdating  a 
mixed  marriage  between  cousins  in  favor  of  one  who  has 
been  converted.  The  dispensation  should  be  granted  to 
take  effect  when  it  is  executed.  Ann  should  induce  her 
husband  to  appoint  a  proxy  for  him;  it  is  to  be  presumed 
that  he  will  do  at  least  this  to  please  his  wife.  Then  on 
the  day  on  which  Ann  is  received  into  the  Church,  Philip 
can  execute  the  dispensation  at  once,  and  revalidate  the 
marriage  by  causing  Ann  and  the  proxy  to  go  through 
the  form  of  marriage  before  him  and  two  witnesses.     If 

1  Miinuid  of  Moral  TIkhjIosy,  vol  ii,  285  f. 


REVAUDATION  OF  MARRIAGE  335 

Ann  has  not  lived  at  the  place  for  u  full  month,  she  should 
be  received  into  the  Church  and  dispensed  in  her  own 
diocese,  unless  her  bishop  has  power  to  dispense  his  sub- 
jects during  their  absence  from  the  diocese,  as  bishops 
sometimes  have.^ 

^  Putzer,  Comment,  in  Facult.  Apostol.,  n.  r)2. 


36 
COHABITATION   OF  MARRIED  PEOPLE 

Caia  Catholica  et  uxor  Titii  Protestantici,  officialis  in 
quadam  colonia,  venit  in  patriam  ut  in\igilet  circa  educa- 
tionem  filiarum  in  conventu  monialium  habendam,  quo 
fine  ducta  prope  conventum  habitat.  Post  aliquot  menses 
Titius  rogat  imo  jubet  ut  ad  ipsum  revertatur,  Caia  tamen 
semper  se  excusat  eo  quod  debeat  educandas  filias  ipsa 
curare,  ac  tandem  Titius  publice  concubinam  sibi  assumpsit. 
Quo  audito  Caia  de  praeterito  ac  futuro  anxia  petit  a  con- 
fessario  utrum  teneatur  ad  maritum  revertere.  Unde 
quseritur: 

1.  Qusenam  sint  obligationes  conjugum  quoad  cohab- 
itationem? 

2.  Num  liceat  publica  vel  privata  auctoritate  divortium 
semiplenum  instituere? 

3.  Utrum  pares  sint  in  juribus  quoad  semiplenum 
divortium  maritus  et  uxor? 

4.  Quid  ad  casum? 

Solution 

1.  What  are  the  obligations  of  married  people  with 
regard  to  cohabitation? 

From  the  nature  of  the  marriage  contract  and  to  secure 
the  ends  of  marriage  those  who  are  married  are  bound  to 
live  together,  unless  by  mutual  consent  they  agree  to  live 

336 


con  ABIT  AT  I0\  OF  MAIiRIEh  PEOPLE  337 

apart  for  a  time  and  there  is  no  danger  of  scandal  or  incon- 
tinence.    This  obhgation  is  one  of  justice  and  is  grave  in 
serious  matter.^ 
The  second  question  was  answered  above,  jj.  20(). 

3.  Are  Inislnuid  and  wife  0(iual  in  llic  matter  of  rights 
about  separation? 

In  general,  husband  and  wife  are  equal  in  the  matter 
of  conjugal  rights,  though  the  husband  as  head  of  the 
family  has  authority  over  her  and  is  her  superior.  The 
causes  then,  such  as  adultery,  on  account  of  which  one 
consort  is  allowed  to  separate  from  the  other,  favor  hus- 
band and  vdic  equally.  Because  the  husband  has  the 
duty  of  providing  for  the  family,  lawful  causes  of  absence 
from  his  wife  will  more  frequently  exist  in  his  case  than 
in  hers,  and  because  of  this  and  of  her  inferior  position 
the  wife  will  be  called  upon  in  general  to  follow  her  husband, 
and  not  vice  versa. 

4.  The  case.  Titius  was  a  colonial  official,  and  his 
wife  Caia  went  to  the  mother  country  to  see  to  the  educa- 
tion of  her  daughters.  She  put  her  daughters  in  a  convent 
and  took  up  her  residence  in  the  neighborhood.  Her 
husband  sent  for  her  but  she  refused  to  go,  under  the 
pretext  that  she  had  to  look  after  the  education  of  her 
daughters.  She  became  uneasy  in  conscience  when  she 
heai'd  that  her  husband  was  hving  with  another  woman. 

Caia's  uneasiness  was  justified.  Her  husband  bade 
her  come  out  to  him  and  she  had  no  good  reason  for  refus- 
ing. The  education  of  her  daughters  would  probably 
proceed  better  \\ithout  her  presence  than  with  it.  Objec- 
tively she  committed  a  grave  sin  in  not  obeying  her  hus- 
band and  exposing  him  to  the  danger  of  incontinence. 
*  Gdnicot,  vol.  ii,  n.  552  ff. 


338  CASES  OF  CONSCIENCE 

She  is  bound  to  do  what  she  can  to  repair  her  fault  and 
bring  back  lier  husband  from  his  sinful  course  of  life. 
But  now  on  the  supposition  that  Caia  knows  for  certain 
that  her  husband  has  conniiitted  adultery  she  has  the 
right  to  separate  from  him.  Although  her  disobedience 
was  the  occasion  of  his  sin,  yet  we  must  not  presume  that 
she  acted  as  she  did  with  the  view  of  making  him  commit 
adultery,  and  on  that  supposition  she  did  not  lose  her 
right  to  separate  from  her  husband  on  account  of  his 
adultery. 1 

1  Gasparri,  De  Matrim.,  vol.  ii,  n.  1113. 


37 

A  TROUBLED  WIFE 

Caius  coiifessarius  rogal  (juid  a  se  sit  in  casu  sequenti 
faciendum.  Ad  confessionem  accessit  Titia  conjux  Titii 
quos  bene  utpote  parochianos  cognovit  Caius.  Post 
confessionem  peractam  Titia  rogabat  utrum  congressus 
maritalis  quin  maritus  opus  debite  perficeret  licitus  esset. 
Quum  Caius  negasset  respondit  Titia  maritum  id  affirmare 
imo  ssepe  ex  consilio  medici  propter  debiles  uxoris  vires, 
quae  pariendi  et  nutriendi  prolem  sit  minus  capax,  ita 
agere.  Tacuit  tunc  Caius,  sed  crevit  difficultas  quum 
mox  ad  confessionem  accesit  Titius  nee  tamen  verbum 
de  re  ciun  uxore  male  gesta  dicebat.     Unde  quseritur: 

1.  Num  constet  onanismum  esse  peccatum  et  fjuale? 

2.  (^uod  consilium  sit  uxoribus  dandum  anxiis  de 
onanismo  a  maritis  patrato? 

3.  Num  monendi  sunt  poenitentes  in  bona  fide  con- 
stituti  de  male  a  se  patratis? 

4.  Quid  ad  casum? 

Solution 

1.  Is  it  certain  that  onanism  is  a  sin  and  what 
sort? 

From  the  way  in  which  Holy  Scriptiu-e  mentions  it 
{Gen.  xxx\dii.   9),  from  the  teaching  of  the  Church,  and 

339 


340  CASES  OF  CONSCIENCE 

because  it  is  a  gross  perversion  of  nature,   it  is  certain 
that  onanism  is  a  grave  sin.^ 

2.  Quod  consilium  sit  uxoribus  dandum  anxiis  de  onan- 
ismo  a  maritis  patrato? 

Monendae  sunt  ut  faciant  quod  in  se  sit  ut  mariti  debito 
modo  actum  perficiant,  quod  si  non  succedant,  modum  ne 
approbent,  et  licite  materialiter  tantum  cooperentur  in 
peccatis  maritorum.^ 

3.  Are  penitents  to  be  admonished  who  in  good  faith 
do  what  is  wrong? 

They  must  be  admonished  if  what  they  do  is  a  cause  of 
pubhc  scandal,  or  if  their  good  faith  is  not  perfect  and 
they  are  doubtful  about  the  matter.  They  must  be 
admonished  also  if  in  all  likehhood  they  would  obey  the 
admonition.  If  the  admonition  would  be  productive 
of  more  harm  than  good  it  should  not  be  given.^ 

4.  Ad  casum.  Quamvis  bona  fides  circa  liceitatem 
onanismi  non  sit  prorsus  impossibilis  etiam  apud  Catholicos, 
attamen  ad  longum  tempus  perdurare  vix  potest.  Episcopi 
enim  et  sacerdotes  imo  et  honesti  laici  claris  verbis  et 
scriptis  illud  crimen  condemnare  solent.  Quando  igitur 
Titius  ad  confitendum  accedit,  nee  tamen  de  onanismo 
quidquam  elicit,  debet  Caius  generalibus  verbis  eum 
interrogarc  num  alicjuid  habeat  quod  conscientiam  remor- 
deat,  vel  ahquid  simile.  Quod  si  neget  Titius,  videtur 
Caium  posse  acquiescere  ac  absolutionem  impertire. 
Credendum  enim  est  poenitenti  tum  pro  so  turn  contra 
se  loquenti.  Nee  licet  Caio  manifestare  quod  ex  Titise 
confessione  audivit.     Si  vero  Titia  iterum  rei  mentionem 

'  Manual  of  Moral  Theology,  vol.  ii,  363. 
2  Ibid.,  363. 
» Ibid.,  223. 


A   T HO L  BLED  WIFE  341 

incTTat,  {k'hot  Cains  ai)C'rte  <licore  rem  esse  proi-sus  illicitam, 
Tiliani  oportcro  faccrc  (luotl  possit  ut  maritum  corrigat, 
ac  si  nihil  profifial  cntn  posse  materialem  coopcrationem 
prajstare  actui  (|U('iii  inipcdii-c  iioii  \-al('a(.  <^)uoad  pericula 
vcro  sanitati  vel  etiam  vita?  (}ua3  medici  alicjuando  exag- 
gcrare  solont  Titia  sc  Deo  committat.^ 

iBucceroni,  Theol.  Moral.,  vol.  ii,  n.  824;  G6nicot,  vol.  ii,  n.  551. 


38 
A  HUSBAND   IN  DIFFICULTIES 

Caius  confessario  narrat  se  esse  anxium  de  modo  agendi 
cum  propria  iixore.  Hsec  eiiim,  ait,  valde  est  debilis, 
imo  medicus  quidam  peritus  earn  nonnisi  cum  proximo 
periculo  mortis  iterum  parituram  declaravit.  Ipse  Caius 
e  contra  robustus  est,  et  vix  ullam  spem  se  continendi 
habet.  Imo  ssepe  tactibus  impudicis  cum  uxore  in  lectulo 
indulsit,  luide  non  raro  pollutionem  est  passus;  aliquando 
copulam  incepit  nee  tamen  perfecit  ob  metum  ne  proles 
generaretur.  Vult  lisec  omnia  quatenus  peccaminosa 
confiteri,  et  consilium  de  futiu-o  humiliter  rogat.  Unde 
quaeritur: 

1.  Qusenam  sint  obligationes  mari tales  conjugum,  et 
queenam  ipsis  permittantur? 

2.  Num  quocumque  tempore  copula  habeatur  sequa 
sit  spes  prolis  generandse. 

3.  Quid  ad  casum? 

Solution 

1.  Quaenam  sint  obligationes  mari  tales  conjugum,  et 
qusenam  ipsis  permittantur? 

Conjux  sub  gravi  tenetur  alteri  rationabiliter  petenti 
reddere  debitum  conjugale,  ac  proinde  simul  cohabitare 
conjuges  regulariter  obligantur.  Praterea  signa  con- 
jugalis  amoris  sunt  a  conjugibus  mutuo  exhibenda.  Quae 
iis  licent  in  sequenti  regula  continentur:  "  Quod  utile  est 
ad     actum      conjugalem    exercendum    licet;     quod    est 

342 


A  HUSBAND  IN  DIFFICILTIES  343 

contra  prolis  gencrationem  vcl  teiulit  ad  illam  iiiii)odiendam 
est  graviter  illioitum;  <|ihkI  iioii  est  coiitni  prolis  gcnera- 
tionom,  (|uamvis  t>it  piietcT  illam,  saltern  iioii  est  graviter 
illieituni."  ' 

2.  Niini  (|U()cuiii(iu('  tciiiporc  copula  hahcatur  tequa 
sit  spes  prolis  goiieraiuhe? 

lies  est  iiieerta.  Aliqui  putabant  tompus  inter  duos 
dies  ante  monstruatioiiem  et  qiiatuordeoim  dies  post  esse 
magis  ajjluiii  ad  iirolcin  certius  gcticraiidaiu,  ac  proiiidc 
si  conjuges  noliiit  prolem  ex  copula  sequi  eos  posse  evitare 
hoc  temporis  spatium  et  copulam  exercerc  extra  illud. 
Nihil  prohibet  (luominus  ita  faciaiit,  sed  utruiii  fiiiem 
intentum  adepturi  siiit  valde  dubium  est.^ 

3.  Ad  casum.  Tactus  ita  iiiii)U(licos  exercerc  ut  ])rox- 
imum  pollutionis  periculum  inducatur  etiam  conjugibus 
sub  gravi  pi-ohibetur.  Tactus  uon  ita  impudicos  exercerc 
citra  proximum  ))ericulum  pollutionis  (piamvis  aliquando 
pollulio  s('(iuatui"  cui  tamen  non  consentitur  nee  cjuae 
intenditur  non  censetur  sub  gravi  conjugibus  prohibiten, 
ne  sub  veniali  (luideni  dummodo  sit  causa  justa,  qualis 
est  amor  conjugalis  fovendus.  Juxta  has  regulas  judicium 
est  ferendum  circa  tactus  impudicos  a  Caio  exercitos. 
Copulam  incipiendo  nee  tamen  perficicndo  ob  metum 
prolis  generandffi  onanistice  et  gra\iter  Caius  peccavit, 
nisi  experientia  ipsi  constet  eum  posse  ita  agere  sine  prox- 
imo periculo  pollutionis.^ 

Quoad  futuruni  Caius  honesto  et  debito  modo  ofRcia 
maritaUa  exerceat,  sc  ipsum  ac  uxorem  magna  cum  fichicia 
Deo  committendo. 

'  Manual  of  Moral  Thoolopy,  vol.  ii,  302. 
"^  Gdnicot,  vol.  ii,  n.  551. 
« Ibid.,  551. 


39 
UNWILLING  TO   RETURN  TO  HER  HUSBAND 

TiTiA  Catholica  petit  a  coufessario  utruni  ad  Titiuni  mar- 
itum  revertere  tencatiir  in  s(Miueiitibus  t'ircumstantiis. 
Titius  multo  semper  fuit  vencri  deditus  ita  ut  per  vitam 
maritalem  singulis  fere  noctibus  et  aliquando  bis  vel  ter 
eadem  nocte  debitum  peteret  quod  etiam  verberibus 
uxori  exigeret.  Tantam  abominationem  erga  maritale 
debitum  ac  erga  Titium  concipiebat  Titia  ut  separationem 
a  toro  et  mensa  ob  viri  sse^^tiem  obtineret  qui  etiam  ob 
amentiam  excessu  venereo  causatam  in  asylum  esset 
detrusus.  Post  annum  sanitate  recuperata  Titius  asylum 
reliquit  et  statim  petiit  ut  uxor  ad  se  reverteret.  Titia 
eamdem  ac  antea  alDominationem  invincibilem  adhuc 
experta  ad  eum  redire  non  vult  nisi  sub  gravi  peccato 
ad  id  teneatur.     Unde  quieritur: 

1.  Quid  sit  divortium  semiplenum  el  quas  ob  causas 
permittatur? 

2.  Num  tale  divortium   in  curiis  C'i\dlibus  peti  possit? 

3.  Causa  divortii  cessante  num  pars  innocens  ad  vitam 
maritalem  redire  teneatur? 

4.  Quid  ad  casum? 

Solution 

The  first  question  was  answered  above,  p.  26()  f.  and  the 
second,  p.  268. 

3.  ^^Tlen  the  cause  for  separation  ceases  is  the  innocent 
party  bound  to  return  to  marital  hfe? 

344 


UNWILJJNC,    TO  REri'RX  TO  I/Eh   II r SHAM)       ;■!}:, 

There  is  (lucstion  here  only  of  tliosc  causes  which  ^i^wv. 
a  right  to  (cinporary  sci)aratioii  between  married  peojjle, 
and  the  general  rule  is  that  after  the  cause  of  separation 
has  ceased,  the  party  who  took  advantage  of  it  to  separate 
must  return  a<2;ain  to  married  life.  However,  the  follow- 
ing words  of  St.  Alphonsus  have  a  {practical  bearing 
on  the  case  before  us:  '*  Notant  autem  Salmanticenses 
n.  40  cum  Die.,  in  praxi  vix  credi  posse  quod  ces,-;et  un(|uam 
pcriculum  si  eonjux  fuerit  aniens,  et  furiosiis,  vel  ita 
pronus  ad  iram  ut  sa^pe  intervenerit  periculum  damni 
et  ali(iuando  uxorem  vulneraverit."  ^ 

4.  Th(>  case.  The  fe(4ing  of  disgust  which  Titia  feels 
for  her  husl)and  would  not  of  itself  justify  her  in  refusing 
to  return  to  liim.  But  if  we  consider  the  circumstances 
of  the  case,  the  tendency  of  the  husband  to  excess,  the 
probability  that  this  tendency  will  again  cause  cruelty 
to  his  wife  and  perhaps  bring  on  insanity  again.  Titia  does 
not  seem  to  be  under  the  obligation  of  returning  to  her 
husband.  The  words  of  Dicastillo  quoted  by  the  Sal- 
manticenses are  appropriate:  "  Non  possum  tamen  non 
\idere  aliciuas  ex  his  causis  \'ix  tuto  posse  credi  cessa.sse 
omnino.  Insanus  et  furiosus  (juam  facile  potest  iterum 
insanire?  " 

iTheol.  Moral.,  lib.  vi,  971. 


CENSURES 


A   MISTAKE   IX  THE  MAN 

Caius  missioiuirius  sacerdos  graviter  Titiiim  paroch- 
ianum  offendit  ejus  vitia  arguendo.  Postea  dum  cum 
sociis  bibebat  eis  verba  Caii  probrosa  repetebat  Titius 
ac  eum  poenam  luitiu-um  affirmabat.  Diun  noctu  domum 
revertebatur  ob\aam  ibat  sacerdoti  quem  Caium  putabat, 
et  pede  inter  ejus  crura  interposito  impulsu  humeri  in  \da 
publica  prosternebat.  Postridie  in  ephemeride  legit  Pau- 
lum  sacerdotem  ac  Caii  adjutorem  fregisse  brachium 
cadendo  in  loco  ubi  Titius  sacerdoti  obviam  fiebat  ac 
postea  nihil  mali  Caio  qui  domi  manebat  accidisse  certior 
est  factus.'  Proxima  hebdomada  facti  poenitens  ad 
confessarium  accessit  Titius  et  quid  fecisset  magno  cum 
pudore  est  confessus.     Unde  quseritur: 

1.  Quid  sit  pri\dlegium  canonis  et  num  lex  sit  poenalis 
an  prohibens? 

2.  Quinam  sit  hujus  pri\ilcgii  finis  et  quomodo  sit 
interpret  andum? 

3.  Num  error  circa  personam  cui  injuria  inferatur 
prohibeat  tiuominus  sit  injuria  formalis  et  actus  voluntarius? 

4.  Quid  ad  casum? 


347 


348  CASES  OF  CONSCIENCE 

Solution 

1.  "\Miat  is  the  privilege  of  the  Canon  and  is  it  a  penal 
or  prohibitory  law? 

The  privilege  of  the  Canon  grants  to  all  ranks  of  the 
clergy  and  to  rehgious  Orders  personal  inviolability,  so 
that  any  one  who  unlawfully  uses  violence  against  them 
incurs  excommunication,  the  absolution  of  which  is  re- 
served to  the  Pope.  It  is  a  law  which  both  prohibits  and 
penalizes  such  violence.^ 

2.  ^^^lat  is  the  object  of  this  privilege  and  how  is  it  to 
be  interpreted? 

The  object  is  to  safeguard  the  dignity  and  honor  of  the 
clerical  state.  In  accordance  with  this  object  it  must 
be  interpreted  favorably,  and  as  widely  as  possible. 

3.  Does  a  mistake  about  the  person  injm-ed  prevent 
the  injury  being  formal  and  the  act  voluntary? 

Many  teach  that  it  does  on  the  ground  that  there  was 
no  intention  to  injure  this  person,  and  so  the  act  is  casual, 
not  voluntary,  with  respect  to  him.^ 

4.  The  case.  Titius  certainly  committed  a  grave  sin 
by  his  unwarranted  and  malicious  act.  The  cxcomnumica- 
tion,  however,  inflicted  now  by  the  second  of  the  censures 
reserved  to  the  Pope  by  the  Constitution  of  Pius  IX, 
Apostolicce  Sedis,  must  be  interpreted  strictly  with  regard 
to  the  conditions  which  are  necessary  that  it  may  be  in- 
curred. As  many  authorities  of  weight  deny  that  an  injury 
inflicted  by  mistake  on  the  wrong  person  is  voluntary, 
and  an  action  which  is  involuntary  is  not  punished  by 
censure,  therefore  Titius  did  not  incur  the  excommunication. 

'  Manual  of  Moral  Theology,  vol.  i,  130. 
2  St.  AlphonsuB,  lib.  iii,  n.  G28. 


PAROniTAL  RTCITTS 

Caius  sacerdos  et  rcligiosus  qui  ciuamvis  non  habeat 
curam  animariim  facultatibus  tamcn  Ordinarii  gaiidet 
administrandi,  de  licentia  presbyteri  ciiram  aiiimarum 
exercentis,  sacramenta  Baptismi,  Matrimonii,  Extremse 
Unctionis,  et  S.  Viaticum,  vocatur  ad  amicum  Pauluin 
qui  periculose  decumbit.  Caius  quidem  scit  presbyterum 
qui  ibidem  curam  animarum  exercet  obstinate  suis  juribus 
stare,  et  exigere  ut  sua  licentia  toties  quoties  petal ur, 
attamen  ex  eo  quod  presbyter  ipsi  videatur  irrationabilis, 
quin  licentiam  petat,  ad  amicum  aegrotum  convolat  et 
ultima  sacramenta  ei  administrat.  Quem  propterea  ejus 
superior  reputat  excommunicatum,  ac  prsecipit  ut  prius 
petat  absolutionem  a  censura  quam  Missam  celebret. 
Unde  quseritur? 

1.  Quid  sit  censura? 

2.  Quinam  sint  effectus  excommunicationis? 

3.  Explicetur  censura  de  qua  in  casu. 

4.  Quid  ad  casum? 

Solution 

1.  What  is  a  censure? 

A  censure  is  a  spiritual  and  remedial  penalty  by  wliich 
a   baptized   and   contumacious  delinquent  is  deiirived  l)v 

349 


350  CASES  OF  CONSCIENCE 

ecclesiastical   authority   of   the   use   of   certain   spiritual 
advantages. 1 

2.  What  are  the  effects  of  excommunication? 

Excommunication  deprives  the  excommunicated  per- 
son of  the  use  of  the  sacraments,  sacramentals,  and  in- 
dulgences of  the  Church,  of  public  suffrages  and  prayers; 
of  the  administration  of  the  sacraments;  of  participation 
in  the  liturgical  offices;  of  ecclesiastical  jurisdiction;  of 
the  right  to  ecclesiastical  bmial;  and  it  makes  null  and 
void  presentation  to  a  benefice,  or  the  conferring  of  an 
ecclesiastical    dignity   with   jm-isdiction    annexed    to   it.^ 

3.  Explain  the  censure  to  which  the  case  alludes. 

The  fom-teenth  excommunication  of  those  reserved  to 
the  Holy  See  by  the  Constitution  Apostolicce  Sedis  is  as 
follows:  ''  Rehgiosos  praesumentes  clericis  aut  laicis  extra 
casum  necessitatis  Sacramentum  Extremse  Unctionis  aut 
Eucharistise  per  viaticum  ministrare  absque  parochi 
hcentia."  The  terms  of  this  censure  should  be  strictly  inter- 
preted and  therefore  any  ignorance  or  good  faith  will 
excuse  a  person  from  incurring  it,  and  probably  it  is  not 
incurred  in  countries  like  Great  Britain  and  most  parts 
of  the  United  States,  where  parishes  have  not  yet  been 
erected  and  where  therefore  there  are  not  parish  priests. 3 

4.  The  case.  Caius  may  be  excused  from  the  censure 
because  he  acted  to  some  extent  in  good  faith,  inasmuch 
as  he  thought  the  priest  of  the  place  an  unreasonable 
stickler  for  his  rights.  Even  if  we  grant  that  this  idea 
of  his  was  false,  nevertheless  it  prevented  him  from  pre- 
suming in   the   technical  sense.     If  there  are  no  parish 

1  Manual  of  Moral  Theology,  vol.  ii,  367. 

2  Ibid.,  377. 

'  G6nicot,  vol.  ii,  n.  604;  Sabetti,  n.  1002. 


priests  in  the  place;  whore  tlic  case  happened,  Caius  may 
be  excused  on  this  ground  also.  However,  he  did  wrong 
in  intruding  into  the  district  assigned  tf)  another  without 
leave.  His  Superior,  therefore,  was  justifi('(l  in  I'oihidding 
him  to  say  Mass  until  he  hud  obtained  absolution.  The 
Superior  regartled  him  as  under  censure  in  the  external 
forum. 


3 

A  FALLEN  PRIEST 

Caius  sacerdos  proviiicia}  Anglia?  ebrietati  aliisque 
vitiis  coepit  incliilgcre,  obligationes  quoqiic  clericales 
negligens  theatrum  publicum  ubi  scenica  spectacula 
agebantur  iiivisit.  Paulo  post  facultatibus  ab  Episcopo 
prjvatus  secessit  in  Scotiam  ubi  munei'a  sacerdotalia 
sub  alio  Episcopo  iterum  exercere  incepit.  Qua?  omnia 
Titius  Caii  confessarius  quum  didicisset  inde  dubitabat 
quid  esset  faciendum,  nam  Caius  numquam  absolutionem 
petierat  a  quolibet  censur®  propter  frequentationem 
theatri  in  Anglia  sacerdotibus  imposit«.     Hinc  qua?ritur: 

1.  Qualis  poena  propter  frequentationem  theatri  sacer- 
dotibus  Anglicis  imponatur? 

2.^Quinam  sint  suspensionis  effectus? 

3.  Quomodo  censura  cesset? 

4.  Quid  ad  casum? 

Solution 

1.  What  penalty  is  imposed  on  EngUsh  priests  for  fre- 
quenting the  theater? 

The  Fourth  Council  of  Westminster  decreed  as  follows: 
"  We   strictly    prohiloit   ecclesiastics   who   have   received 
sacred  Orders  from  being  present  at  stage  representations 
in  public  theaters,  or  in  places  temporarily  made  use  of  as 
puljlic   theaters,    under   the   penalty   to   transgressors   of 

352 


A   FALLEX  PRIEST  353 

suspension  to  ho  incurred  ip.so  facto  such  as  has  hitherto 
been  the  ruk;  in  all  parts  of  Kn^land  with  reservation  t(j 
the  respective  ordinaries."  ' 

2.  What  are  the  el'fects  of  susj)ensi()n? 

Total  susjK'iision  deprives  tiie  ciei-ic  of  tlic  use  of  all 
sacred  Orders,  the  exercise  of  his  ofiice,  and  the  fi-uits 
of  liis  benefice.- 

3.  How  does  a  censure  cease? 

As  a  general  rule  a  censure  which  lias  been  incun-ed 
only  ceases  when  absolution  has  been  obtained  by  the 
dehnqucnt  from  one  who  is  competent  to  give  it.  Some- 
times, however,  a  censure  is  imposed  to  last  as  long  as 
certain  conditions  last,  and  tlien  on  the  termination  of 
those  conditions  the  censm-e  ceases.^ 

4.  The  case.  Caius  incurred  suspension  reserved  to 
his  bishop  by  going  to  the  theater.  He  had  never  been 
absolved  irom  this  censure.  His  confessor  Titius,  or  else 
Caius  Jiinisclf,  sliould  wi-ite  to  liis  forniei-  bishop  and  ask 
him  for  powers  t(j  \m\  Caius  straight.  On  the  receipt  of 
those  powers  Titius  may  deal  with  the  case.  In  the 
meantime  Caius  should  abstain  from  the  exercise  of  his 
office  as  a  priest  under  pain  of  grave  sin.  If  since  his 
suspension  he  has  exercised  sacred  Orders  solemnly, 
he  has  incui-red  irregularity  from  which  he  must  be  dis- 
pensed before  again  exei-cising  his  functions. 

'  JMaimal  of  .Moral  Theology,  vol.  i,  614. 
2  Ibid.,  vol.  ii,  380. 
'  Ibid.,  373. 


COUNTENANCING  A  DUEL 

Caia  venit  ad  Paiilum  missionarium  in  Anglia  sacerdo- 
tem  ad  confitendum  ciii  manifestabat  se  anno  elapso  in 
Italia  duello  astitisse  ut  amicum  duello  pugnantem  robo- 
raret.  Caia  porro  dicebat  se  absolutionem  a  parocho 
in  Italia  non  potuisse  obtinere  quum  hie  affirmaret  casum 
esse  Papse  reservatmn.  Interroganti  etiam  Paulo  Caia 
respondit  se  scivisse  Ecclesiam  sub  pcenis  omnem  in  duello 
participationem  prohibere,  at  se  opus  caritatis  posuisse 
quod  recusare  esset  inhumanum,  imo  se  iteruni  in  iisdem 
circumstantiis  idem  factiu-am.  Paulus  vero  vult  scire 
quid  in  casu  facere  possit  ac  debeat.     Unde  quteritur: 

1.  Quid  sit  censura  et  quscnam  conditiones  requirantur 
ut  incurratur? 

2.  Quomodo  censura  cesset? 

3.  Quid  sit  insordescentia  in  censura  et  quosnam  effectus 
producat? 

4.  Quid  ad  casum? 

Solution 

1.  What  is  a  censure  and  what  conditions  are  required 
for  incurring  it? 

Th(!  first  part  of  the  question  was  answered  above, 
p.  349. 

354 


COUNTENANCING  A   DUEL  355 

Tlic  conditions  required  that  a  censure  may  be  incurred 
are:  a  sin  grave  internally  and  externally,  completed, 
not  altogether  past,  and  committed  with  contumacy. ^ 

The  second  cjuestion  was  answered  above,  p.  353. 

3.  ^^^lat  is  msordescence  in  a  censure  and  what  effects 
does  it  produce? 

Insordescence  is  the  obstinate  remaining  of  an  excommu- 
nicated person  in  his  excommunication  for  a  whole  year 
without  absolution.  The  Council  of  Trent  decreed  (Sess. 
XXV,  c.  3  de  Ref.)  that  such  a  pei-son  might  be  proceeded 
against  as  suspect  of  heresy.  If  he  does  not  purge  his 
heresy  he  should  be  declared  a  heretic  after  the  lapse  of 
another  year.^ 

4.  The  case.  The  third  of  the  exconnnunications  re- 
served to  the  Pope  by  the  Constitution  Apostolicce  Sedis 
is  couched  in  these  terms : 

"  Duellum  perpetrantes,  aut  simpHciter  ad  illud  })rovo- 
cantes,  vel  ipsum  acceptantes,  et  quoslibet  complices  vel 
(jualemcumque  operam  aut  favorem  praebentes,  necnon 
de  industria  spectantes,  illudque  permittentes,  vel  quan- 
tum in  illis  est  non  prohibentcs,  cujuscumque  dignitatis 
sint,  etiam  regahs  vel  impcrialis." 

It  is  obvious,  therefore,  that  Caia  had  incurred  this 
censure  by  being  a  spectator  of  the  duel  with  the  intention 
of  giving  courage  to  her  chami:)ion.  She  seems  also  to 
have  had  sufficient  knowledge  that  she  was  doing  something 
prohibited  under  censure  by  the  Chm'ch.  She  is  not  3''et 
penitent,  and  Paul's  first  task  ^^•ill  be  to  try  to  make  her 
see  the  gravity  of  her  sin  and  express  her  sorrow  and  repent- 
ance for  it.     ^^^len  she  is  disposed  he  will  l^e  iihh  to  absolve 

1  Manual  of  Moral  Theology,  vol.  ii,  369. 
^  Lchmkuhl,  vol.  ii,  n.  1148. 


356  CASES  OF  CONSCIENCE 

her  by  virtue  of  tlie  special  faculties  which  confessors  in 
England  receive  tlu'ough  their  bishop  from  the  Holy  See. 
She  does  not  seem  to  have  fallen  into  insordescence,  for 
she  tried  to  get  absolution  before,  and  the  case  does 
not  state  that  she  remained  a  whole  year  under  excommu- 
nication. 


A  MASONIC  BALL 

QuoDAM  in  oi)pido  Aiiglico  celebrabatur  saltatio  Mas- 
sonica  lit  pccunia  colligeretur  danda  hospitiis  publicis 
oppidi.  Invitabantur  ad  saltationem  cives  prsestantiores 
inter  quos  Lucius  Catholicus,  qui  ibat  et  sununam  pccunia? 
solvebat  quia,  ut  ait,  iniprobum  esset  habere  inimicos 
ita  potentes  concives.  Postea  tamcn  rem  confitetur 
suo  confessario  qui  dubitat  utruni  Lucius  propterea  cen- 
surae  subsit.     I'lde  quieritur: 

1.  Qua3  poena  statuatui-  contra  societates  secretas? 

2.  Qua3nam  soc  etates  ccnseantui*  prohibits)?  Num 
Fenians?  Num  Oddfellows? 

3.  Num  sccta  Massonica  in  Angha  comprehendatur 
lege  ecclesiastica  dc  dicta  secta? 

4.  Quid  ad  casum? 

Solution 

1.  Under  what  penalty  are  secret  societies  forbidden? 

They  are  forbidden  under  pain  of  cxconmiunication 
reserved  to  the  Pope  by  the  Constitution  Apostoliccc 
Sedis  (n.  4):  "  Nomen  dantes  sectse  Massonicse  aut  Car- 
bonarise,  aut  aliis  ejusdem  generis  sectis  qua?  contra 
Ecclesiam  vel  legitimas  potestates  scu  palam,  seu  clan- 
destine machinantur;  nee  non  iisdcm  sectis  favorem 
qualemcumque  pra3stantes;    earumve  occultos  coryphaeos 

357 


358  CASES  OF  CONSCIENCE 

ac    duces    non    denunciantes,    donee    non    denunciave- 
rint."  1 

2.  ^^^lat  societies  are  forbidden?  Are  the  Fenians  and 
Oddfellows? 

All  societies  are  forbidden  by  the  above  censure  which 
publicly  or  in  secret  plot  against  the  Church  or  against 
lawful  civil  authority.  In  general  a  society  which  enjoins 
the  keeping  of  a  secret  so  absolutely  that  it  may  not  be 
revealed  even  to  ecclesiastical  authority,  or  which  exacts 
an  oath  or  promise  of  blind  obedience,  must  be  regarded 
as  forbidden.  By  a  decree  of  the  Holy  Office,  Jan.  12, 
1870,  the  Fenians  were  declared  to  be  comprised  in  the 
above  censure.  The  American  Oddfellows  were  condemned 
Aug.  20,  1894.  Whether  or  not  they  are  condemned 
under  the  above  censure  is  disputed.  English  Odd- 
fellows do  not  form  one  society  with  the  American  Odd- 
fellows, and  so  it  can  not  be  said  for  certain  that  they  are 
condemned. 

3.  Are  Freemasons  in  England  condemned  by  the  above 
censure? 

Yes,  English  Masons  are  recognized  by  their  foreign 
brethren  as  such,  and  foreign  Masons  are  received  in  the 
English  lodges.  Renunciation  of  Masonry  is  imposed  as 
a  condition  of  being  received  into,  or  reconciled  to  the 
Church. 

4.  The  case.  The  question  whether  Lucius  incurred 
the  censure  or  not,  will  depend  on  whether  his  going  to 
the  ball  and  paying  the  money  brought  him  under  the 
clause — iisdem  sedis  favoreyn  qualemcumque  prcestantes. 
To  incur  censure  under  this  head  the  favor  must  be  shown 

1  Manual  of  Moral  Theology,  vol.  ii,  399. 


A   MASONIC  HALL  359 

to  them  as  Masons,  and  with  offect,  so  that  the  censure 
is  not  incurred  unless  the  effect  follows,  i 

There  is  no  evidence  in  the  case  that  Lucius  did  ilijs. 
He  gave  money  to  the  liospitais,  and  he  went  to  tlic  Ijuii 
because  he  was  afi'aid  of  offendin<;-  the  Masons.  Although 
these  actions  niigiit  in  certain  circumstances  be  described 
as  favorem  prccstante.'^,  favoring  the  Masons,  there  is  no 
evidence  that  in  effect  they  chd  so  in  Lucius'  case.  He 
did  wron*;-,  and  |)r()l)al)ly  <2;ave  great  scandal,  but  he  did 
not  necessarily  incur  excommunication. 

'  Ballerini-Palmieri,  Opus  Morale,  vol.  vii,  220. 


A    SPECIAL    INTERDICT 

Caius  sacerdos  missionarius  in  dioecesi  quadam  Anglise 
vult  scire  utrum  posset  absolvere  hominem  recenter 
ab  Episcopo  altcrius  dicccesis  cujus  erat  subditus  a  sacra- 
mentis  inhibitum,  dumniodo  cssot  rite  dispositus  sive 
esset  impeditus  (luoiniiius  ad  siium  episcopum  accederet 
sive  non.  Post  trinam  eiiim  monitionem  episcopus  edixit: 
"  I  hereby  inhibit  him  from  approaching  the  sacraments, 
and  forbid  my  priests  to  administer  them  to  him,  until 
he  shall  have  proved  his  orthodoxy  to  the  satisfaction  of 
his  ordinary."     Unde  {|UiEritm": 

1.  Quid  sit  interdictum,  et  (iua3nam  sint  ejus  species 
diversse? 

2.  Quid  sit  censura  ab  homine,  et  quis  ab  ea  absolvere 
possit? 

3.  Num  suspendcretur  poena  inflicta  si  delinquens 
appellaret  ad  S.  Sedem,  quod  fecisse  videtur? 

4.  Quid  ad  casum? 

Solution 

1.  What  is  an  interdict,  and  what  are  its  different 
species? 

An  interdict  is  a  censure  which  prohibits  the  use  of 
liturgical  offices,  some  sacraments,  and  ecclesiastical 
burial.     It  is  local,  personal,  or  mixed,  as  it  immediately 

360 


A   SPECIAL  INTERDfCT  361 

affects  the  place,  certain  persons,  oi-  hoth.     It  is  general 
or  special,  total  or  partial.' 

2.  What  is  a  censure  ah  hominc,  and  who  can  absolve 
from  it? 

A  censure;  ah  hominc  is  imposed  not  by  a  permanent 
law,  but  by  a  particular  precept  or  sentence  of  an  eccle- 
siastical superior.  Absolution  from  such  a  censure  can 
only  be  had  from  him  who  inflicted  it,  from  his  Superior 
or  successor  in  office,  or  from  one  delegated  l)y  one  of  these.^ 

3.  Would  the  penah y  inflicted  be  suspended  by  an  appeal 
to  the  Holy  See? 

No,  not  when  the  penalty  has  been  inflicted  already. 
In  that  case  there  is  only  an  appeal  m  devolutivo,  or  a 
simple  recourse  to  the  Holy  See.3 

4.  The  case.  The  question  is  whether  a  priest  of  another 
diocese  may  absolve  the  subject  of  a  bishop  who  had 
interdicted  the  latter  the  sacraments  until  he  had  given 
satisfaction  to  his  onhnary,  and  wlio  had  forbidden  his 
priests  to  administer  the  sacraments  to  him.  The  answer 
is  No.  Such  a  special  and  personal  interdict  is  a  censure 
ab  hominc,  and  it  can  only  be  absolved  by  the  person  who 
imposed  it,  by  his  Superior  or  successor  in  office,  or  by 
some  one  delegated  by  one  of  these.  The  delincjuent  there- 
fore must  com])ly  with  the  condition  imposeil,  satisfy  his 
ordinary  as  to  his  orthodoxy,  and  then  he  will  be  able  to 
receive  the  sacraments  like  the  rest  of  the  faithful. 

*  Manual  of  Moral  Thoology,  vol.  ii,  382. 
2  Ibid.,  373. 

*  Bucroroni,  Thcol.  Moral.,  vol.  ii,  n.  1000. 


7 
IS  HE  TO  BE  AVOIDED? 

Decreto  Vicariatus  Urbis  29  Oct.  1907,  sub  culpa 
lethali  illicitum  edicebatur  venderc,  legere,  vel  retinere 
librum  cui  titulus  II  programma  dei  modernisti.  Eodem 
decreto  Pius  X  "  auctores  et  scriptores  cctcrosciue  omnes 
qui  quociuomodo  ad  hunc  librum  conficiendum  operam 
contulerunt  cxcommunicatioms  sil)i  soli  reservatse  poena  " 
affecit.  Additit  Sanctissimus  hoc  decretum  valere  perinde 
ac  si  traditum  esset  in  manus  uniuscuj usque  ex  dictis 
auctoribus  et  scriptoribus,  eosque  si  sacerdotes  sint  et 
actum  Ordinis  exerceant  in  irregularitatem  incursuros. 
Titius  igitur  sacerdos  qui  notas  quasdam  scriptoribus 
istius  libri  praebuit  rogat  utrum  sit  propterea  nominatim 
excommunicatus,  et  quibusnam  effectibus  sive  excommu- 
nicationis  sive  irregularitatis  subjiceretur  si  officia  sacer- 
dotalia  peragere  prsesumat  excommunicatus.  Petitur  ut 
Titio  quantum  fieri  poterit  satisfiat. 

Solution 

Titius  furnished  some  notes  for  the  composition  of  the 
book  entitled  II  programma  dei  modernisti  with  knowledge 
of  the  use  to  which  they  were  to  be  put,  as  we  presume. 
Pius  X  excommunicated  the  authors  and  all  others  who 
in  any  way  helped  to  compose  tliis  book.  Titius  therefore 
fell   under   the   excommunication.     He   wished    to   know 

3G2 


IS  HE   TO  BE  AVOIDED?  303 

whelhcr  he  was  excommunicated  by  name  and  to  be  avoided. 
The  answer  is  No,  for  as  G6nicot  says:  "  Xon  smit  vitandi 
quihbet  excommunicati  notorii  vel  (jui  tantum  cum  aliis 
ejusdem  criminis  participibus  generali  quadam  expressione 
(leclarati  sunt  excommunicati,  sed  non  sunt  designati 
proprio  nomine  vel  titulo  fjui  nomini  a^rjuivaleat  "  (II, 
581). 

Titius  fmiher  wishes  to  know  what  would  be  the  con- 
sequences of  his  performing  priestly  duties  in  spite  of  the 
excommunication.  As  being  under  excommunication  he 
would  conunit  grave  sin  if  without  necessity  and  without 
being  asked  to  do  so  by  the  faithful,  he  were  to  administer 
the  sacraments  of  his  own  accord.  He  would  also  commit 
grave  sin  if  he  were  to  say  Mass.  By  solemnly  exercising 
these  functions  of  a  priest  Titius  would  also  incur  irreg- 
ularity, and  if  he  remained  under  censure  for  a  whole 
year  without  seeking  absolution,  he  would  become  suspect 
of  heresy. 


IRRFXJULARITY 

A  PRIEST  PRACTISING  MEDICINE  AND  SURGERY 

Caius  medicus  seculi  vanitatibus  renunciavit  ut  ordinem 
religiosiim  ingrcdcrctur.  Factus  saccrdos  quando  vocatur 
ad  infii-mos  remedia  praiscribere  apta  morbis  corporalibus 
non  haisitat,  ita  ut  non  raro  medeatur  turn  animis  turn 
corporibus  parochianorum  segrorum.  Domesticis  etiam 
data  opportunitate  idem  prsestat;  imo  semel  subito  in 
periculo  alicujus  brachium  amputa\it.  Alii  tamen  religiose 
ejusdem  ordinis  dubium  occiurit  utrum  ha^c  omnia  sint 
saeerdotibus  licita.     Unde  qua^ritur: 

1.  Num  et  quatenus  ars  mcdica  et  chirurgica  clericis 
prohibeatur? 

2.  Num  et  quomodo  posset  sacerdos  exercens  istas 
artes  incurrere  irregularitatem? 

3.  Quid  ad  casum? 

Solution 

1.  Are  clerics  forl^idden  to  practise  medicine  and  surgery, 
and  how  far? 

According  to  the  common  opinion  clerics  are  forbidden 
to  practise  medicine  and  surgery  without  an  indult  of 
the  Holy  See.  Some,  however,  restrict  the  prohibition 
to  studying  medicine  and  surgery,  and  practising  surgery.  ^ 

*  G6nicot,  vol.  ii,  n.  36. 
3G5 


366  CASES  OF  CONSCIENCE 

2.  If  a  priest  practised  medicine  and  surgery  could  he 
become  irregular  and  how? 

He  would  become  irregular  if  death  followed  from  his 
performing  a  surgical  operation  which  he  is  forbidden 
to  do.i 

3.  The  case.  Caius  had  better  restrict  himself  as  a 
general  rule  to  looking  after  the  souls  of  his  parishioners, 
and  leaving  the  practice  of  medicine  to  lay  doctors.  Some 
religious  Orders  have  a  privilege  of  allowing  their  members 
who  have  studied  medicine  to  prescribe  for  the  sick  where 
there  are  not  suitable  lay  doctors.  In  the  supposition 
that  the  case  was  one  of  necessity  Caius  was  justified  in 
amputating  the  arm,  and  as  he  did  not  commit  sin  by 
doing  this,  neither  did  he  incur  irregularity .^ 

1  St.  Alphonsus,  lib.  vii,  384. 

2  Ibid.,  viii,  n.  384. 


ECCLESIASTICAL    BURIAL 

MIXED  CEMETERIES 

Caius  rector  ecclesiae  Catholicce  in  quodam  oppido 
Anglico  quasdam  difficultatcs  de  coemeterio  Titio  con- 
fessario  proposuit.  Coemeterium  enim  totius  oppidi  incolis 
commune,  est  in  tres  partes  divisum,  quarum  una  Non- 
conformists, altera  Anglicanis,  tertia  rite  ab  Episcopo 
consecrata  Catholicis  est  assignata.  Jamvero  aliquando 
accidit  ut  conjux  Catholica  cum  conjuge  acatholico  in 
parte  ccemeterii  acatholica,  vel  ut  acatholica  in  parte 
catholica  cum  conjuge  catholico  sepeliri  desideret;  saepe 
etiam  terra  de  tumulis  catholicis  superflua  desumitur  et 
ad  cavum  lequandum  in  parte  ccemeterii  non  consecrata 
adhibetur,  contra  rcverentiam  rei  sacrae  debitam,  ut  Caio 
\idetur.  Utrum  ha^c  igitur  sint  licita  Caius  confessarium 
rogabat.     Undo  qua^ritur: 

1.  Quid  sit  sepultura  ecclesiastica,  et  quibusnam  sit 
deneganda? 

2.  Quomodo  differant  simplex  tumuli  benedictio  ac 
ccemeterii  consecratio? 

3.  Quid  ad  casum? 

Solution 

1.  \Vliat  is  ecclesiastical  burial  and  to  whom  must  it 
be  denied? 

367 


368  CASES  OF  CONSCIENCE 

Ecclesiastical  burial  consists  in  being  buried  with  the 
rites  of  the  Church  in  consecrated  ground.  Catholic 
burial  is  to  be  denied  to  all  who  died  out  of  com- 
munion with  the  faithful,  and  to  those  who  on  account 
of  their  crimes  are  forbidden  it  by  the  Church  in  the 
Ritual. 1 

2.  WTiat  difference  is  there  between  simple  blessing  of 
the  grave  and  the  consecration  of  the  cemetery? 

The  simple  blessing  of  the  grave  is  given  by  a  priest 
when  a  Catholic  is  not  buried  in  consecrated  ground.  It 
is  invocativa,  not  consecrativa,  and  it  does  not  make  the 
grave  a  sacred  place. ^ 

The  consecration  of  a  cemetery  is  performed  by  a  bishop, 
or  by  a  priest  specially  delegated  by  a  bishop,  with  the 
rite  contained  in  the  Pontifical  or  Ritual. 

3.  The  case.  When  they  ask  it  for  good  reason  it  would 
seem  that  Caius  with  the  leave  of  the  bishop  may  bury 
Catholics  with  their  non-Catholic  spouses  in  the  uncon- 
secrated  portions  of  the  cemetery,^  although  per  se 
there  is  a  grave  precept  that  Catholics  should  be  buried 
in  consecrated  ground.  It  would  seem  also  that  he  may 
bless  the  grave  for  the  Catholic  party.  Non-Cathohcs 
must  not  be  buried  in  consecrated  cemeteries  set  apart 
for  Catholics  exclusively  by  ecclesiastical  and  municipal 
law.  A  CathoHc  cemetery  is  polluted  by  the  burial  in 
it  of  an  excommunicated  person  who  was  vitandus. 

There  is  no  reason  why  the  refuse  from  the  graves  in  the 
Cathohc  part  of  the  cemetery  should  not  be  taken  to  level 
other  parts.    The  cemetery  is  made  a  sacred  place  for  the 

1  Manual  of  Moral  Theology,  vol.  ii,  .385. 

*  Many,  De  Locis  Sacris,  n.  143. 

»  Concil.  Baltim.,  Ill,  n.  317  scqq.;  G6nicot,  vol.  ii,  n.  627. 


MIXED  CEMETERIES  369 

burial  of  Catholics  by  its  consecration ;  such  consecration 
docs  no(  make  the  separate  portions  of  earth  and  stones 
in  (he  cemetery  sacred  objects.  There  is  then  no  ground 
for  the  scruple  of  Caius. 


INDULGENCES 


THE  APOSTOLIC   BLESSING 

Caius  sacerdos  missionarius  vocabatur  ad  moribundum 
Tertiarium  S.  Francisci  qui  post  recepta  sacramenta  petiit 
ut  jiixta  privilcgium  Tcrtiariis  concessum  sibi  daretur 
Bencdictio  apostolica  cum  indulgentia  plenaria  in  arti- 
culo  mortis.  Quam  quidem  Caius  concessit  juxta  for- 
mulam  approbatam,  ac  ut  sccurior  esset  moribundus, 
statim  dcdit  ei  apostolicam  bcnedictionem  juxta  Rituale. 
Quibus  auditis  alius  sacerdos  cum  increpabat  ddccndo 
plenariam  indulgcntiam  in  articulo  mortis  scmcl  tantum 
lucrari  posse,  et  prsestare  benedictionem  dare  apostoli- 
cam quando  moribundus  in  eo  est  ut  moriatur,  ne  postea 
peccando  poenas  luendas  incurrat.     Undo  qua^ritur: 

1.  Num  pluries  dari  possit  moribundo  bencdictio  apos- 
tolica cum  indulgentia  plenaria  in  articulo  mortis? 

2.  Num  sit  expectandus  ipse  articulus  mortis  verus 
ut  detur  ista  bencdictio? 

3.  Quid  ad  casum? 

Solution 

1.  Can  the  apostolic  blessing  with  a  plenary  indulgence 
be  given  several  times  to  a  person  in  danger  of  death? 
No,  it  can  only  be  given  once  while  the  person  is  in  the 

371 


372  CASES  OF  CONSCIENCE 

same  danger  of  death  either  by  different  priests  or  by  the 
same  priest  on  different  titles. i 

2.  Is  the  moment  of  death  to  be  waited  for  in  order 
that  the  blessing  may  be  given? 

No,  the  apostolic  blessing  may  be  given  as  soon  as  the 
recipient  is  in  danger  of  death  and  capable  of  receiving 
the  sacrament  of  Extreme  Unction.  The  blessing  only 
takes  its  effect  in  the  true  moment  of  death,  and  in  the 
meantime  its  effect  is  suspended .^ 

3.  The  case,  Caius  did  right  to  accede  to  the  pious 
wish  of  the  dying  tertiary,  and  give  him  the  papal  blessing 
to  which  he  had  a  right.  He  did  wrong  to  repeat  it 
immediately  after  according  to  the  form  in  the  Ritual. 
The  Sacred  Congregation  of  Indulgences  has  several 
times  answered  that  the  blessing  may  be  given  only  once. 
On  the  other  hand  the  second  priest  was  wrong  in  saying 
that  the  papal  blessing  should  be  given  when  the  recipient 
is  actually  dying;  it  takes  its  effect  at  that  time  if  it  were 
validly  given  and  received,  but  it  may  be  given  as  soon 
as  the  recipient  is  in  danger  of  death,  as  was  said  above. 

'  Ojetti,  Synopsis  Rer.  Moral.,  s.v.  Indulgentia. 
^  Genicot,  vol.  ii,  n.  410. 


2 

THE  JUBILEE 

Lucius  Catholicus  turn  bonus  turn  ingeniosus  vult 
lucrari  Jubilaeum  recenter  promulgatum.  Inter  opera 
prsescripta  visitationes  ecclcsice  parochialis  sexaginta  solae 
(lifficultatem  facessimt,  quas  hoc  modo  perficere  statuit. 
Advertit  enim  visitandam  esse  ecclesiam  "  per  quindecim 
continuos  vol  interpolates  dies,  sive  naturales,  sive  etiam 
ecclesiasticos;"  hinc  mane  priusquam  ad  negotia  vadit 
diias  visitationes  ecclesiae  domicilii  facit,  meridie  aliam 
ecclesiam  parochialem  propc  locum  ubi  negotia  agit  bis 
visitat,  domum  revei-sus  vespere  die  ecclesiastico  incoepto 
quatuor  alias  visitationes  perficit;  proximo  die  dominico, 
addit  sex  visitationes  duabus  consuetis  ad  Missam  et  ad 
Vesperas  audiendas,  et  ita  porro.  Ad  satisfaciendum 
conditioni  orandi  ad  mentem  Summi  Pontificis  nullam 
determinatam  formam  adhibet,  sed  nunc  offert  Missam 
auditam,  nunc  Rosarium  recitatum,  nunc  piam  medita- 
tionem  factam.     Unde  quaeritur: 

1.  Quid  sit  Jubiheum,  et  quid  ejusdem  cxtensio? 

2.  Qua  conditioncs  et  quomodo  sint  implendae  ad 
illud  lucrandum? 

3.  Num  partialiter  illud  quis  lucrari  valeat? 

4.  Quid  ad  casum? 


373 


374  CASES  OF  CONSCIENCE 

Solution 

1.  ^^^lat  is  a  Jubilee,  and  what  is  its  extension? 

A  Jubilee  is  a  plenary  indulgence  granted  by  the  Pope 
with  greater  solemnity  than  usual  for  a  definite  time 
together  with  special  faculties  for  confessors.  A  general 
Jubilee  is  usually  granted  in  the  first  instance  at  Rome, 
and  afterwards  it  is  extended  to  the  whole  Chmxh.^ 

2.  What  conditions  for  gaining  it  are  prescribed,  and 
how  are  they  to  be  fulfilled? 

The  conditions  for  gaining  an  ordinary  Jubilee  are 
confession,  communion,  and  prayer  for  the  Pope's  inten- 
tion in  churches  to  be  visited  for  the  purpose  a  certain 
nimiber  of  times.  As  they  are  conditions  on  which  the 
Jubilee  is  granted,  they  must  be  exactly  fulfilled. 

3.  Can  a  Jubilee  be  gained  partially? 

Some  were  of  opinion  that  either  a  full  remission  of 
temporal  punishment  is  gained  by  a  plenary  indulgence, 
or  nothing.  According  to  the  received  opinion,  a  plenary 
indulgence  may  be  gained  only  partially  on  account  of 
the  temporal  punishment  due  to  venial  sins  unrepented 
of  not  being  remitted.  A  Jubilee  may  also  be  partially 
gained,  in  that  one  who  intends  to  gain  it  may  receive  the 
benefit  of  the  special  faculties  granted  to  confessors  although 
afterwards  he  changes  his  mind  and  does  not  try  to  gain 
the  indulgence. 

4.  The  case.  It  appears  from  the  case  that  the  bishop 
had  prescribed  sixty  visits  to  be  paid  to  the  parish  church 
on  fifteen  days  in  order  that  the  faithful  might  gain  the 
Jubilee.     If  there  was  only  one  parish  church  in  the  place 

1  Manual  of  Moral  Theology,  vol.  ii,  455. 


TllK  JUBILEE  375 

where  Lucius  lived,  lie  had  to  visit  that  church,  and  he 
did  not  fuHil  the  condition  by  visiting  the  church  where 
his  work  was.  He  was  at  Hbcrty  to  make  the  visits 
within  the  natuj-al,  or  within  the  ecclesiastical  day.  It 
would  seem  that  the  visit  to  the  parisli  cliuich  to  hear 
Mass  on  Sunday  may  be  reckoned  among  the  rest,  as  it 
is  not  otherwise  of  obligation.  Lucius  satisfied  the 
obligation  of  praying  for  the  intentions  of  the  Pope  by 
saying  the  Rosary,  but  not  by  hearing  Mass,  nor  by  pious 
meditation,  as  these  are  not  vocal  prayere. 


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